R/CR.MA/15278/2026 ORDER DATED: 11/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 15278 of 2026 ========================================================== KETULKUMAR S/O VINUBHAI KHODABHAI THAKOR & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR KISHAN K NAYI(13080) for the Respondent(s) No. 2 MR HEET H. ROJIYA FOR MR.SANAT B PANDYA(6976) for the Respondent(s) No. 1 MR ADITYA JADEJA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 11/08/2026 ORDER Leave to amend the name of applicant no.1 is granted. The amendment to be carried out forthwith. [1.0] RULE. Learned APP waives service of rule for the respondent- State. [2.0] The present application is "led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R.No.11204046260404 of 2026 registered with Nadiad Town Police Station, Kheda for o/ences punishable under Sections 310(2), 189(2), 191(2), 190 115(2), 352 and 351(3) of the Bhartiya Nyaya Shanhita 2023 and Section 135 of the GP Act. [3.0] Learned advocate appearing on behalf of the applicants R/CR.MA/15278/2026 ORDER DATED: 11/08/2026 submits that applicants are innocent and have been falsely implicated in the o/ence and now nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the o/ence, the applicants may be enlarged on regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State and learned advocate appearing on behalf of the original complainant have vehemently opposed the present application on the ground of gravity of o/ence alleged and requested to dismiss the present application for regular bail. [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged o/ence, 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 R/CR.MA/15278/2026 ORDER DATED: 11/08/2026 aspects have been considered: (1) substantial part of investigation is over; (2) Applicants are behind the bars since 22.06.2026; (3) There is nothing to be recovered or discovered from the applicants; (4) Obviously commencement and conclusion of trial will take some time; (5) The applicant no.1 is having one past antecedent however the accused is governed by presumption of innocence unless and until proved guilty; (6) As per the allegations levelled against the present applicants and the complainant, it appears that the accused persons, with a common object, formed an unlawful assembly and went to the complainant, keeping a grudge arising out of the election, as the complainant had played an active role in defeating the accused persons. Accused No.2 assaulted the complainant by means of a wooden log, while the other co-accused assaulted him by giving kick and "st blows. In this regard, the complaint came to be registered. Considering the nature of the injuries and the allegations, the present application deserves consideration since a limited role is attributed to the present applicants; (7) Considering the aforesaid facts, there are no circumstances to indicate that the continued incarceration or detention of the present applicants is necessary. [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 R/CR.MA/15278/2026 ORDER DATED: 11/08/2026 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 applicants in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a "t case to exercise the discretion and enlarge the applicants on regular bail. Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R.No.11204046260404 of 2026 registered with Nadiad Town Police Station, Kheda on executing a personal bond of Rs.25,000/- (Rupees Twenty-"ve Thousand only) each 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not leave the State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once a month till "ling of the charge-sheet between 11.00 a.m. and 2.00 p.m.; (f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and present address of his residence to the R/CR.MA/15278/2026 ORDER DATED: 11/08/2026 Investigating O/icer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court; (g) not enter Nadiad Town till 9ling of the charge- sheet, except for marking presence and/or attending the court proceedings; [9.0] The authorities will release the applicants only if not required in connection with any other o/ence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. [10.0] 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. [11.0] At the trial, the trial Court shall not be inHuenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicants on bail. [12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ILA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 11/08/2026 16:47:31