High Court of Gujarat
ILABA YUVRAJSINH JADEJAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court held that, given the completed investigation, the nature of the offence, and established bail jurisprudence, the applicant is entitled to regular bail.
Summary
The applicant, Ilaba Yuvrajsinh Jadeja, filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after a charge‑sheet was filed for an alleged offence under the Gujarat Prohibition Act involving the sale of 30 litres of country‑made liquor. The State opposed bail, arguing the gravity of the offence and the applicant's involvement. The Court examined the standard bail factors, noting that the investigation was complete, no further recovery was required, and the offence is triable by a magistrate. It also considered precedents such as Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, emphasizing the principle that bail is the rule and jail the exception, and the protection of personal liberty under Article 21. Finding the case suitable for bail, the Court granted regular bail on a personal bond of Rs.25,000 with a surety and imposed several conditions. The order directs the applicant to comply with the conditions and allows the trial court to modify them if necessary.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet under Section 483 of the BNSS, 2023 for an offence under the Gujarat Prohibition Act
- Whether the nature and severity of the alleged offence justify denial of bail
- Application of the principles laid down in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor to the present bail application
Legislation cited
Subjects
regular bailpost‑charge‑sheet bailBharatiya Nagarik Suraksha SanhitaGujarat Prohibition Actpersonal libertyArticle 21bail jurisprudencecriminal procedure
Judgment
R/CR.MA/18891/2026 ORDER DATED: 13/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 18891 of 2026
==============================================
ILABA YUVRAJSINH JADEJA
Versus
STATE OF GUJARAT
==============================================
Appearance:
MR SATYAJIT S SONAGARA(12218) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/08/2026
ORDER
1) RULE. Learned APP waives service of rule for the respondent-State.
2) 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.11189003261229 of 2026
registered with A-Division Morbi City Police Station, Morbi, for
the offence under provisions of the Gujarat Prohibition Act.
3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Investigation is over and charge-sheet is filed. Nothing is to be
recovered or discovered from the applicant. He therefore submits
that, considering the nature of the offence, the applicant may be
enlarged on regular bail by imposing suitable conditions.
4) Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant
is very much involved in the present offence and considering the
gravity of offence the present application does not deserve any
consideration.
5) While granting bail, the Court has to consider the involvement of
the accused in the alleged offence, the jurisdiction to grant bail has
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R/CR.MA/18891/2026 ORDER DATED: 13/08/2026
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) I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following
aspects have been considered:
(1) The applicant was selling country-made liquor in total 30
liters worth Rs.6,000/-.
(2) Applicant is behind the bar since 25.06.2026;
(3) Applicant is having 25 past antecedents, however, the
accused is governed by presumption of innocence unless
and until proved guilty;
(4) Investigation is over and charge-sheet is filed;
(5) There is nothing to be recovered or discovered from the
applicant;
(6) Offence is triable by the Court of Magistrate.;
(7) Obviously commencement and conclusion of trial will take
some time.
7) 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
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R/CR.MA/18891/2026 ORDER DATED: 13/08/2026
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) 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.11189003261229 of 2026
registered with A-Division Morbi City Police Station, Morbi 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;
(a) shall not take undue advantage of liberty or misuse liberty;
(b) shall 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) shall surrender passport, if any, to the trial Court within a
week;
(d) shall not leave the territory of the State of Gujarat without
prior permission of the Trial Court concerned;
(e) shall mark presence before the concerned Police Station once
in every month for a period of six months between 11.00
a.m. and 2.00 p.m.;
(f) shall furnish the copy of Aadhaar card, email ID, contact
number, permanent and present address of his residence to
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R/CR.MA/18891/2026 ORDER DATED: 13/08/2026
the Investigating Officer and also to the Court at the time of
execution of the bond and shall not change the residence
and contact number/SIM card without prior permission of
Trial Court;
(g) shall not to enter District – Morbi for a period of six
months except for marking presence before the
concerned police station and/or for attending Court;
(h) 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) 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) Bail bond to be executed before the lower Court having jurisdiction
to try the case. It will be open for concerned Court to delete,
modify and/or relax any of above conditions in accordance with law.
11) 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) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 13/08/2026 18:34:21
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