Oral Order

1. Heard learned advocate appearing on behalf of the applicant and learned APP 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. 11189008260244 of 2026 registered with Wanakaner Taluka Police Station, Morbi for the offence punishable under Sections 336(2), 336(3), 338, 61(2) of the BNS, 2023 and Sections 65(A), (E), 116(B), 81, 83 and 98(2) of the Prohibition Act,1949.

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 submitted that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail. Learned advocate for the applicant has submitted that, the applicant shall not leave the State of Gujarat till the trial is over.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail, the same being before chargesheet. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant, this Court may not exercise 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. The applicant though is a permanent resident of Rajasthan, he shall not leave the State of Gujarat, hence would be available at the time of trial;

          ii. The applicant does not have any criminal antecedents.

          iii. The applicant is the driver of the truck from wherein, illicit liquor was found. He is neither supplier nor receiver of the contraband. 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. 11189008260244 of 2026 registered with Wanakaner Taluka Police Station, Morbi, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local 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, and if he does not possess a passport, he shall file an affidavit to that effect;

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

          [e] furnish the present address of his residence in Gujarat to the I.O. and the Court at the time of execution of the bond along with documentary proof and shall not change his residence without prior intimation to the I.O. and the court;

          [f] mark presence on every Sunday before the concerned police station, till the trial is over;

          [g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station.

9. 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 Court concerned will be at liberty to take appropriate action in accordance with law.

10. Bail bond to be executed before the trial 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.

11. At the stage of trial, the competent 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 enlarging the applicant on regular bail.

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