Gujarat High Court
Khemaram Ravatram Beniwal(Jat) vs State Of Gujarat on 21 January, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/1389/2026 ORDER DATED: 21/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1389 of 2026
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KHEMARAM RAVATRAM BENIWAL(JAT)
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/01/2026
ORAL ORDER
1. Heard learned advocate Mr.Padhiyar appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr.Niraj Sharma
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.11821030251573 of
2025 registered with Jhalod Police Station, Dahod for the offence
punishable under Sections 65 (A) (E), 81, 83, 98 (2) and 116 (B) of Gujarat
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 submitted that since
the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended that the
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NEUTRAL CITATION
R/CR.MA/1389/2026 ORDER DATED: 21/01/2026
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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 as coming out from the charge-
sheet, 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) While allegation against the applicant being that he was driver
of the vehicle from which the contraband-liquor had been recovered,
yet, it would appear that the applicant was neither the owner of the
contraband- liquor nor the ultimate recipient of the same.
(ii) The fact of the applicant having one antecedent.
(iii) Apprehension of the learned APP that the applicants are not
being resident of the State of Gujarat, if released, he may abscond,
could be allayed by imposing suitable conditions.
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.
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8. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No.11821030251573
of 2025 registered with Jhalod Police Station, Dahod, on executing a bond
of Rs.10,000/- (Rupees Ten 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 and thereafter once a month for a period of
three months before the concerned 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 Sessions Court concerned will be
free to take appropriate action in the matter.
10. 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.
11. 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
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NEUTRAL CITATION
R/CR.MA/1389/2026 ORDER DATED: 21/01/2026
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stage, only for the purpose of considering the application of the applicant
for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
MISHRA AMIT V.
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