IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 4025 of 2026 ==========================================================

CHETAN CHAMANBHAI BACHUBHAI SHAKARIYA(KOLI)

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1 MR JAY MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.

1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/02/2026 ORAL ORDER

1. Heard learned advocate Mr.Nirav Padhiyar appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Jay Mehta appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11195036260066 of 2026 registered with Panthawada Police Station, Banaskantha for the offence punishable under Sections 65(A) (E), 116(B), 81, 83 and 98(2) of the Prohibition Act.

4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. Allegation of having transacted the contraband-liquor and whereas the role attributed to the present applicant is of being present in the vehicle in which the liquor was transported.

ii. The liquor not beloning to the applicant and even the vehicle not belonging to the applicant, prima facie it appears that he had accompanied the driver of the vehicle for collecting the contraband.

iii.The fact that the applicant is in custody since 02.02.2026 and having no antecedent.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11195036260066 of 2026 registered with Panthawada Police Station, Banaskantha, on executing a 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 shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;

[e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.;

[f] mark presence once a week till the charge-sheet is filed and thereafter once a mo