Niravkumar Ratilal Parmar vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned advocate Ms. Reha Chokshi appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Manan Maheta appearing on behalf of the respondent-State.

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

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. 11207078250273 of 2025 registered with Kakanpur Police Station, District Panchmahals for the offence punishable under Sections 65(a), 65(e), 81, 83 and 116-B of the Gujarat Prohibition Act.

Learned Advocate for the applicant would submit that the applicant was found allegedly present at the spot when the Police had raided the spot in question. Learned Advocate would submit that the applicant was not apprehended on the spot. Learned Advocate would submit that while there are three antecedents of the present applicants of being involved in similar offences, in all the three offences, the present applicant is bailed out. Learned Advocate would submit that the co-accused having been released on regular bail by this Court, this Court may release the present applicant on regular bail.

As against the same, learned Additional Public Prosecutor appearing for the respondent – State has strongly opposed this application, submitting that serious allegations have been levelled against present applicant. To a pointed query, learned APP could not point the role of the present applicant being different than the role of the co-accused, who have been considered for being released on regular bail by the learned Co-ordinate Benches of this Court.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

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

i. The fact of the learned Co-ordinate Benches of this Court having considered cases of co-accused for being enlarged on regular bail vide orders dated 30.09.2025, 03.10.2025 and 08.10.2025 in Criminal Misc. Applications No. 20092/2025, 20127/2025 and 20794/25, respectively.

ii. The fact that the charge-sheet has been laid.

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.

In the facts and circumstances of the case and considering the nature of the allegations made against 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.

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. 11207078250273 of 2025 registered with Kakanpur Police Station, District Panchmahals, 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] Mark presence before the concerned Police Station once a month for a period of six months.

[f] 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.;

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 Court concerned will be free to take appropriate action in the matter.

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.

At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.