VIJAYBHAI BHUPATBHAI BARAIYA v. STATE OF GUJARAT
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE ILESH J. VORA
Judgment date:
Case summary
High Court of Gujarat judgment dated 2026-06-05. VIJAYBHAI BHUPATBHAI BARAIYA v. STATE OF GUJARAT. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 12603 of 2026 ========================================================== VIJAYBHAI BHUPATBHAI BARAIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR Y J PATEL(3985) for the Applicant(s) No. 1 MR RONAK RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 05/06/2026 ORAL ORDER 1. Rule. Learned APP waives service of notice of Rule for and on behalf of the respondent – State. 2. The applicant, by way of this application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeks regular bail in connection with the FIR being C. R. No. 11193002260103 of 2026 registered with Jafrabad Police Station, Dist.
: Amreli, for the offences punishable under Sections 65(a), 65(e), 81, 83, 98(2) and 116-B of the Gujarat Prohibition Act. 3. It is the submission of learned counsel for the applicant that the applicant is in judicial custody since 10. 05. 2026. He further submitted that considering the role attributed to the present applicant, the applicant may be enlarged on regular bail on any terms and conditions. 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 heard learned advocates for the respective parties and upon perusal of material placed on record, it appears that the applicant was employed for the work of loading and unloading of the prohibited liquor. The applicant having no criminal past antecedent of like nature. The investigation qua the applicant is already over and his further custody is not necessary.
In such circumstances, without entering into the merits of the case, I am inclined to enlarge the applicant on regular bail. 6. Hence, the bail application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C. R. No. 11193002260103 of 2026 registered with Jafrabad Police Station, Dist. : Amreli 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 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; (f) mark presence before the concerned Police Station on every alternate Monday between 11:00 a. m. and 01:00 p. m. till filing of the chargesheet. 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 case. Rule is made absolute to the aforesaid extent. Direct Service is permitted. (ILESH J. VORA,J) Rakesh
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