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2026 Supreme(Online)(Guj) 15543

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
GOVIND @ABALU NARANBHAI MORIV/sSTATE OF GUJARAT
R/CR.MA/11454/2026



##PAGE1##

NEUTRAL CITATION

R/CR.MA/11454/2026 ORDER DATED: 11/05/2026

0.8611671807794559

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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

CHARGESHEET) NO. 11454 of 2026

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

GOVIND @ABALU NARANBHAI MORI

Versus

STATE OF GUJARAT

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

Appearance:

MR. NIPUL H GONDALIA(6894) for the Applicant(s) No. 1

MR. HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR for the

Respondent(s) No. 1

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

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 11/05/2026

ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] 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. 11203023260018 of 2026 registered

with Junagadh “A” Division Police Station, Junagadh, for the o

under Sections 65A, B, C, D, E, F, 81, 83, 98(2) of the Prohibition Act and

Sections 111(2)B, 111(3)(4) of BNSS.

[3.0] Learned advocate appearing on behalf of the applicant submits that

the applicant is innocent and has been falsely implicated in the offence.

Investigation is over and chargesheet has been filed. Nothing is required to

be recovered or discovered. Co-accused are granted bail by the Sessions

Court as well as this Court and on the ground of parity also, applicant may

be enlarged on bail. He therefore submits that, considering the nature of

the offence, the applicant may be enlarged on regular bail by imposing

suitable conditions.

[4.0] 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 is very much involved in the

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Uploaded by SAJ GEORGE(HC01069) on Tue May 12 2026 Downloaded on : Fri May 15 01:31:26 IST 2026

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NEUTRAL CITATION

R/CR.MA/11454/2026 ORDER DATED: 11/05/2026

0.8611671807794559

present offence and considering the gravity of offence, no case is made out

to entertain present bail application. The present applicant was found at the

spot where the country made liquor was made. Further, the applicant is

having past antecedent and if he is released on bail, possibility cannot be

ruled out that the applicant will flee from justice. Therefore, present

application does not deserve consideration.

[5.0] 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.

[6.0] I have heard the learned advocates appearing on behalf of the

respective parties and perused the investigation papers. Following aspects

have been considered:

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

(2) Applicant is behind the bar since 11.01.2026;

(3) There is nothing to be recovered or discovered from the

applicant;

(4) Though the applicant is having past antecedent, he is

presumed to be innocent till proven guilty;.

(5) Co-accused having similarly situated role are enlarged on

regular bail and therefore, on the ground of parity also

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