R/CR.A/1637/2026 ORDER DATED: 19/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - BEFORE CHARGESHEET) NO. 1637 of 2026 ========================================================== ARPIT VISHNUBHAI DESAI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR VILAV K BHATIA(5338) for the Appellant(s) No. 1 DS AFF.NOT FILED (N) for the Opponent(s)/Respondent(s) No. 2,3 MR VINAY VISHEN, APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/08/2026 ORDER [1.0] Ms. Ria A. Mirza, learned advocate states that she has instructions to appear for the original complainant and seeks time to le his appearance. Registry to accept her vakalatnama. [1.1] RULE. Learned APP waives service of rule for the respondent-State. Learned advocate appearing for original complainant waives service of rule on her behalf. [2.0] Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) for regular bail in connection with FIR being C.R.No.11191022260560 of 2026 registered with Isanpur Police Station, Ahmedabad, for o1ence punishable under Sections 64(1) of BNS, 2023 and Sections 3(1)(w)(i) and 3(2)(v) of Schedule Caste and Schedule Tribes (Prevention of Atrocity) Act. [3.0] Learned advocate appearing on behalf of the appellant R/CR.A/1637/2026 ORDER DATED: 19/08/2026 submits that appellant is innocent and falsely implicated in the o1ence. He has no past antecedents. He, therefore submits that, considering the nature of the o1ence, the appellant 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 appeal and submitted that, the appellant is very much involved in the o1ence. Therefore, present appeal does not deserve any consideration [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged o1ence, 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 appeal 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) Substantial investigation is over; R/CR.A/1637/2026 ORDER DATED: 19/08/2026 (2) Appellant is behind the bar since 01/07/2026; (3) Prima facie, it appears that pursuant to leave-in-relationship contract, both were living together and subsequently, the complaint came to be led; (4) Complainant is present before the Court. A1idavit with regard to no objection if the applicant is released is on record. (5) There is no possibility to conclude the trial in near future. (6) Appellant has no past antecedents. [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 appeal deserves consideration. [8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the appellant 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 appellant on regular bail. Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R.No.11191022260560 of 2026 registered with Isanpur Police Station, Ahmedabad, on executing a personal bond of Rs.25,000/- (Rupees Twenty-ve R/CR.A/1637/2026 ORDER DATED: 19/08/2026 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 & 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 in a week till ling of the charge-sheet and after ling of the charge-sheet, mark presence before the concerned police station once in a month for a period of six months; (f) furnish the Aadhaar card, email ID/present address of his residence to the Investigating O1icer 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 to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant. [9.0] The authorities will release the appellant only if he is not required in connection with any other o1ence 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. Page 4 of 5 R/CR.A/1637/2026 ORDER DATED: 19/08/2026 [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 inGuenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the appellant 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 19/08/2026 18:00:17