IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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

CHARGESHEET) NO. 21348 of 2025

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SEMANLAL KALIYABHAI GARASIYA

Versus

STATE OF GUJARAT

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Appearance:

M S PADALIYA(7406) for the Applicant(s) No. 1

MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

Date : 14/10/2025

ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule on

behalf of respondent-State.

2. This application is filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, for regular bail in connection with C.R.No. 11821030251390 of 2025 registered

with Jhalod Police Station, District Dahod.

3. Learned advocate for the applicant has submitted that

considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by

imposing suitable conditions.

4. The learned APP appearing for the respondent State has

opposed the application contending that the investigation of

the offence is still in progress. The applicant was found in possession of contraband liquor worth Rs. 9,28000/-. She therefore, submitted to dismiss the present application.

5. Heard learned advocates appearing for the parties and perused the material available on record. As per the case of prosecution, the applicant was driving a vehicle from which contraband liquor worth Rs. 9,28,000/- was recovered. As stated by the learned advocate for the applicant, the applicant is having no antecedents. Having regard to aforesaid aspects, the application deserves consideration.

6. This court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody, since

25.09.2025.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012)

1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;

(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) shall maintain law and order and not to indulge in any criminal activities.

(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court.

(d) shall provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.

(e) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.

(f) shall not leave India without prior permission of the Trial Court (g) surrender passport, if any, to the Trial Court withi