High Court of Gujarat
VIJAYBHAI RAVUBHAI BORIYA (KATHI-DARBAR)versusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court granted regular bail to the applicant, subject to a personal bond and conditions.
Summary
Vijaybhai R. Boriya applied for successive regular bail under Section 483 of the BNSS after a chargesheet was filed for alleged offences under the Gujarat Prohibition Act, 1949 and Section 111(3) of the BNS, 2023. He had been in custody since 7 May 2026 and claimed he played no vital role in the alleged crime, asserting that he was not present at the raid and was implicated only through a co‑accused’s statement. The State opposed bail, arguing the nature of the accusation warranted continued detention. The Court examined the material, noted the applicant’s absence at the raid, the reliance on a co‑accused’s statement, and the likely protracted trial, concluding that further detention would serve no purpose. Accordingly, the Court granted regular bail on a personal bond of Rs 10,000 with one surety, imposing standard conditions and reserving the right to modify them. The order expressly states it does not express any opinion on the merits of the case.
Issues considered
- Whether bail can be granted after the filing of a chargesheet under Section 483 of the BNSS for offences under the Gujarat Prohibition Act and BNS, 2023.
- Whether the applicant’s alleged involvement, based solely on a co‑accused’s statement, justifies denial of bail.
- Whether continued detention of the applicant serves any purpose pending trial.
Legislation cited
- Gujarat Prohibition Act, 1949s. 65(a), s. 65(e), s. 81, s. 83, s. 98(2)
Subjects
regular bailsuccessive bailchargesheetGujarat Prohibition ActBNS 2023BNSS Section 483co‑accused statementdetentionpersonal bond
Judgment
R/CR.MA/13161/2026 ORDER DATED: 12/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 13161 of 2026
==========================================================
VIJAYBHAI RAVUBHAI BORIYA (KATHI-DARBAR)
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR AMRISH S BAROT(3551) for the Applicant(s) No. 1
MR PAWAN A BAROT(6455) for the Applicant(s) No. 1
MS SWETA P BAROT(10181) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 12/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this successive bail
application filed under Section 483 of the BNSS,
seeks regular bail in connection with the FIR being
C.R. No. 11184003251019 of 2025 registered
with Jetpur Pavi Police Station, Chota-Udaipur,
for the offences punishable under Sections 65(a),
65(e), 81, 83 and 98(2) of the Gujarat Prohibition Act,
1949 and under Section 111(3) of BNS, 2023.
3. It is the submission of learned counsel for the
applicant that he is suffering confinement since
07.05.2026. He further submitted that the applicant
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R/CR.MA/13161/2026 ORDER DATED: 12/06/2026
has not played any vital role in the alleged offence.
Hence, further detention of the applicant is
unwarranted.
4. Learned APP has opposed the bail application
contending that, considering the conduct of the
applicant and nature of accusation, the discretion
may not be exercised in favour of the applicant.
5. Having regard to the contentions raised by learned
counsel for the respective parties and upon perusal
of the material placed on record, it appears that, the
applicant was not present at the time of raid. He has
been arraigned in the alleged crime on the basis of
statement of co-accused. The chargesheet has
already been filed. The trial would take considerable
time. In such circumstances, keeping behind the
applicant behind bar, would not serve any purpose.
Hence, the bail application is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being C.R.
No. 11184003251019 of 2025 registered with
Jetpur Pavi Police Station, Chota-Udaipur, on
executing a personal bond of Rs.10,000/- (Rupees
Ten thousands only), with one surety of the like
amount to the satisfaction of the learned Trial Court
Page 2 of 4
R/CR.MA/13161/2026 ORDER DATED: 12/06/2026
and subject to the conditions that he shall:
No. Conditions
(a) not take undue advantage of liberty or
misuse liberty;
(b) not act in a manner injuries to the interest of
the prosecution;
(c) surrender passport, if any, to the lower court
within a week;
(d) not leave India without prior permission of
the Sessions Judge concerned;
(e) furnish latest address of residence to the
Investigating Officer and also to the Court at
the time of execution of the bond and shall
not change the residence without prior
permission of the trial Court;
7. The authorities shall release the applicant if he is not
required in connection with the any other offence. If
breach of any above condition is committed, the
Sessions Judge concerned shall take appropriate
action or issue warrant against the applicant. The bail
bond to be executed before the learned trial Court
having jurisdiction to try the case. It will be open for
the sessions judge concerned to delete, modify and/or
relax any of the above conditions, in accordance with
law. Nothing stated hereinabove, shall tantamount to
the expression of any opinion on the merits of this
Page 3 of 4
R/CR.MA/13161/2026 ORDER DATED: 12/06/2026
case. Rule is made absolute to the aforesaid extent.
Direct service permitted.
(ILESH J. VORA,J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 12/06/2026 16:57:35
Page 4 of 4
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