Bail should generally be granted once the investigation is complete and the charge-sheet is filed, adhering to the principle that 'bail is a rule and jail is an exception' to protect personal liberty under Article 21 of the Constitution of India.

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 Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11205044260089 of 2026 registered with Padhar Police Station, Kachchh East Bhuj, for the offence under the provisions of Gujarat Prohibition Act.

[3.0] Learned senior advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and charge-sheet is filed. He therefore submits that, considering the nature of the offence, the applicants 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 submitted that, the applicant was driving car from which contraband liquor was found. It is submitted that if the applicant is released on bail, possibility cannot be ruled out to indulge in similar type of activity. Considering the same, he prays not to allow application and if the present application is allowed, stringent condition is required to be imposed.

[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 10.03.2026;

(3) The fact of the applicant that he was a driver of the vehicle bearing Registration No.GJ-12-BZ-4469. He has acted on behalf of one Navghan, when he came at the spot for taking delivery of IMFL, he was arraigned as an accused.

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

(5) The applicant is having one past antecedent, however the accused is governed by presumption of innocence unless and until proved guilty;

(6) The fact that three offences are registered against the present applicant, out of three, in two offences, he is acquitted and one is under the Prohibition Act;

[7.0] 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.

[8.0] 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