LALURAM S/O CHUNILALJI GANESHJI GAYRIversusSTATE OF GUJARAT

    R/CR.MA/14449/2026                                  ORDER DATED: 30/06/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
             BEFORE CHARGESHEET) NO. 14449 of 2026
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                 LALURAM S/O CHUNILALJI GANESHJI GAYRI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1
MR KIRITSINH M SISODIA(12255) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 30/06/2026

                               ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya
Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for successive regular bail
in connection with FIR being C.R. No.11204028260193 of 2026 registered
with Kapadwanj Rural Police Station, Kheda, for the offence under
Sections 65(a), 65(e), 98(2), 81, 83 and 116-B of the Prohibition Act.


[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence. He
therefore submits that, considering the nature of the offence, the
applicants may be enlarged on successive regular bail by imposing suitable
conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant is
involved in the offene. Hence, the present application does not deserve any
consideration.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the


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       R/CR.MA/14449/2026                                      ORDER DATED: 30/06/2026




facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.


[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1)        Investigation is over and charge-sheet is filed;
(2)        Applicant is behind the bar since 12.04.2026;
(3)        There is nothing to be recovered or discovered from the applicant;
(4)        The role attributed to the present applicant is that he was sitting
           beside the driver of the vehicle, wherein muddamal liquor was
           carrying;
(5)        applicant is having no past antecedents;
(6)        case is triable by the JMFC;
(7)        Apprehension of the learned APP that the applicant is not being
           resident of the State of Gujarat, if released, he may abscond, could
           be allayed by imposing stringent conditions;
(8)        muddamal worth Rs.4,02,336/-;
(9)        commencement and conclusion of trial will take its own time;
(10)       the co-accused is already released on bail by this Court. Hence, on
           the     ground   of   parity,   the       present   application     deserves
           consideration. Considering the decision rendered in case of
           Rameshbhai Batubhai Dabhi vs. State of Gujarat reported in
           (1999) 3 GLR1150, on the ground of parity, the present application


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    R/CR.MA/14449/2026                                    ORDER DATED: 30/06/2026




           deserves consideration;


[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.


[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a fit
case to exercise the discretion and enlarge the applicant on successive
regular bail. Hence, the present application is allowed. The applicant is
ordered to be released on successive regular bail in connection with FIR
being C.R. No.11204028260193 of 2026 registered with Kapadwanj Rural
Police Station, Kheda, on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five Thousand only) with one local surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he shall;
     (a)      not take undue advantage of liberty or misuse liberty;
     (b)      not act in a manner injurious to the interest of the prosecution &
              shall not obstruct or hamper the police investigation and shall
              not to play mischief with the evidence collected or yet to be
              collected by the police;
     (c)      surrender passport, if any, to the Trial Court within a week;
     (d)      not enter State of Gujarat except for marking presence and
              /or attending the Court proceedings;
     (e)      mark presence before the concerned Police Station once in every


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       R/CR.MA/14449/2026                                                ORDER DATED: 30/06/2026




                 month for a period of six months between 11.00 a.m. to 2.00
                 p.m.;
        (f)      furnish the Aadhar card, email ID/present address of his
                 residence to the Investigating Officer and also to the Court at
                 the time of execution of the bond and shall not change the
                 residence/contact number without prior permission of Trial
                 Court;
        (g)      not indulge in similar type of activities, if the applicant is found to
                 be indulged in any illegal activities in future, the trial Court
                 concerned will be free to issue warrant and cancel the bail granted
                 to the applicant.
  [9.0] The authorities will release the applicant only if he is not required in
  connection with any other offence for the time being. If breach of any of the
  above conditions is committed, the Sessions Judge concerned will be free to
  issue warrant or take appropriate action in the matter.


  [10.0] Bail bond to be executed before the lower Court having jurisdiction
  to try the case. It will be open for the concerned Court to delete, modify
  and/or relax any of the above conditions, in accordance with law.


  [11.0] At the trial, the trial Court shall not be influenced by the observations
  of preliminary nature qua the evidence at this stage made by this Court
  while enlarging the applicant on bail.



  [12.0] Rule is made absolute to the aforesaid extent.                          Direct service is
  permitted.



                                                                   (HASMUKH D. SUTHAR,J)
  KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2026 14:54:39




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