Allowed

Sardarsinh @ Sunil S/O. Javarbhai @ Javarabhai Baria v. State of Gujarat

Gujarat HC8 Sept 2026CR.MA/20720/2026

Case brief

AI extract

What is this about?

The Gujarat High Court granted regular bail to an accused implicated in offences under the Prohibition Act and Bharatiya Nyaya Sanhita. The court considered factors such as the over investigation, the presumption of innocence, and the principle that bail is a rule.

What did the court decide?

The applicant is enlarged on regular bail on executing a personal bond of Rs. 25,000 with one surety of similar amount subject to conditions.

Sardarsinh @ Sunil S/O. Javarbhai @ Javarabhai Baria Vs… — Bail and Remand | Gujarat HC (2026)

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R/CR.MA/20720/2026 (GJHC240670842026) ORDER DATED: 08/09/2026

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER

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CHARGESHEET) NO. 20720 of 2026

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SARDARSINH @ SUNIL S/O. JAVARBHAI BARIA

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Versus

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STATE OF GUJARAT

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============================================== Appearance:

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MR KEVAL G BRAHMBHATT (BAROT)(9900) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1

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==============================================

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CORAM: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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Date : 08/09/2026

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ORDER

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Leave to amend. Amendment be carried out forthwith.

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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.11204028260317 of 2026 registered with Kapadwanj Rural Police Station, District - Kheda for the offences under Sections 65(e), 65(a), 116-B, 98(2), 81 and 83 of the Prohibition Act and under Sections 336(2), 336(3), 54 and 304(2) of the Bharatiya Nyaya Sanhita.

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1. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. Investigation is over and chargesheet has been filed. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

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1. 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

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Page 1 of 4

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R/CR.MA/20720/2026 (GJHC240670842026) ORDER DATED: 08/09/2026

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is involved in the present offence and played an active role. There is every possibility that, if the applicant is released on bail, he will indulge in similar offences and try to tamper with the evidence. Therefore, present application does not deserve consideration.

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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.

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1. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

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(1) The applicant is the driver of the vehicle Bolero Pickup from which muddamal liquor was found.;

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(2) Applicant is behind the bars since 20.06.2026;

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(3) The applicant is having 2 similar such offences however the accused is governed by presumption of innocence unless and until proved guilty;

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(4) Investigation is over and charge-sheet is filed;

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(5) There is nothing to be recovered or discovered from the applicant;

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(6) Offences are triable by the Court of Magistrate;

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(7) Obviously commencement and conclusion of trial will take

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R/CR.MA/20720/2026 (GJHC240670842026) ORDER DATED: 08/09/2026

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some time.

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1. 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.

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1. 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.11204028260317 of 2026 registered with Kapadwanj Rural Police Station, District - Kheda 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;

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(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;

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(d) shall not leave the territory of the State of Gujarat without

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R/CR.MA/20720/2026 (GJHC240670842026) ORDER DATED: 08/09/2026

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prior permission of the Trial Court concerned;

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(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.;

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(f) shall furnish the 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 without prior permission of Trial Court;

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(g) shall not to enter District – Kheda for a period of six months except for marking presence before the concerned police station and/or for attending Court;

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(h) shall not indulge in any illegal activity, failing which the learned trial Court shall issue warrant and cancel the bail of the applicant.

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1. 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.

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1. 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.

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1. 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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