High Court of Gujarat
RANA VIRENDRASINH BHUPATSINHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that regular bail should be granted to the applicant under Section 483 of the BNSS.
Summary
The applicant, Rana Virendrasingh Bhupatsinh, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR alleging violations of Sections 65(a), 65(3), 81 and 116(B) of the Prohibition Act. The State opposed bail, arguing the seriousness of the offence, risk of evidence tampering and possible abscondence, noting that a chargesheet had not yet been filed. The Court examined the standard bail factors, noting that a substantial part of the investigation was complete, the offences did not carry life or death sentences, the applicant had no prior record, and co‑accused in similar circumstances had been granted bail. Relying on Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor) and the principle that bail is the rule and jail the exception, the Court found the applicant eligible for bail. Consequently, the Court ordered the applicant released on regular bail upon execution of a personal bond of Rs.25,000 with one surety and imposed standard conditions.
Issues considered
- Whether regular bail can be granted under Section 483 BNSS before a chargesheet is filed.
- Whether the nature and severity of the alleged offences under the Prohibition Act justify denial of bail.
- Whether there is a reasonable risk of the accused tampering with evidence or fleeing.
- Whether parity with co‑accused already on bail warrants granting bail to the applicant.
Legislation cited
Subjects
regular bailpre‑trial detentionProhibition ActBNSSSection 483personal libertyArticle 21Gujarat
Judgment
R/CR.MA/16187/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 16187 of 2026
==========================================================
RANA VIRENDRASINH BHUPATSINH
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/07/2026
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
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11211031250246 of 2025 registered
with Limdi Police Station, Surendranagar, for the offences under Sections
65 (a), 65 (3), 81 and 116 (B) of the Prohibition Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Substantial part of investigation is over. Nothing is required to be recovered
or discovered. The applicant has no past antecedent. The only allegation
against the applicant is that muddamal 369 bottles worth Rs.2,57,400/- were
recovered. He therefore submits that, considering the nature of the
offence, the applicant may be enlarged on regular bail by imposing suitable
conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the present
application for regular bail on the ground that the applicant is very much
involved in the present offence and considering the gravity of offence, no
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R/CR.MA/16187/2026 ORDER DATED: 16/07/2026
case is made out to entertain present bail application. Chargesheet is yet to
be filed and if he is released on bail, possibility cannot be ruled out that the
applicant will flee from justice and tamper with the evidence. Therefore,
present application does not deserve 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
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) Substantial part of investigation is over;
(2) None of the offence alleged is punishable with life sentence or
death penalty ;
(3) Applicant is behind the bar since 30.06.2026;
(4) There is nothing to be recovered or discovered from the
applicant;
(5) He is not named in the FIR but based on the statement of co-
accused, he has been arraigned as an accused.
(6) No past antecedent.
(7) Co-accused having similarly situated role are enlarged on
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R/CR.MA/16187/2026 ORDER DATED: 16/07/2026
regular bail and therefore, on the ground of parity also
(Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in
2011 (3) GLR 1999), present application deserves
consideration.
(8) Obviously commencement and conclusion of trial will take its
own time.
[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 regular bail.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R. No.
11211031250246 of 2025 registered with Limdi Police Station,
Surendranagar, on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he/she shall;
(a) not take undue advantage of liberty or misuse liberty;
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R/CR.MA/16187/2026 ORDER DATED: 16/07/2026
(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 leave the State of Gujarat without prior permission of the Trial
Court concerned;
(e) mark presence before the concerned Police Station once in a week
till filing of the chargesheet and after filing of the chargesheet,
mark presence before the concerned police station once in a
month for a period of six months;
(f) furnish the Aadhaar 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 to indulge in any illegal activity failing which learned trial
Court shall issue warrant and cancel the bail of the applicant.
(h) Not to contact or try to contact directly or indirectly the
complainant/victim/witnesses connected with the offence.
[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.
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R/CR.MA/16187/2026 ORDER DATED: 16/07/2026
[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
R.S. MALEK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2026 14:55:14
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