R/CR.MA/18093/2026 ORDER DATED: 05/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 18093 of 2026 ========================================================== DARSHAN MAHENDRABHAI PANCHAL Versus STATE OF GUJARAT ========================================================== Appearance: MR MITESH AMIN, SR. ADVOCATE with MR KEYUR GANDHI, MR RAHEEL PATEL, MS NANDITA SUROLLIA and JILL MEHTA for GANDHI LAW ASSOCIATES(12275) for the Applicant(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/08/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is 8led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11191006260158 of 2026 registered with Bodakdev Police Station, Ahmedabad City for the oBences punishable under Sections 316(2), 316(5), 318(4) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). [3.0] Learned Senior Advocate Mr. Mitesh Amin appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the oBence and now nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the oBence, the applicant 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 application and requested to dismiss the present application for regular bail looking to the nature and gravity of the oBence. [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged oBence, the jurisdiction to grant bail has to be exercised R/CR.MA/18093/2026 ORDER DATED: 05/08/2026 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 aspects have been considered: (1) The applicant herein was the employee of one M/s. Growing Globe Immigration Inc. and working as Manager. Coincidentally, it was run by sister in law of the present applicant and applicant was neither the Director nor promoter of the said company / 8rm and had resigned from the said employment on 27.03.2025 and last working day of the applicant was 05.04.2025. It is alleged that applicant received Rs.11,000/- towards Visa fee which is already deposited with the authority and even otherwise, now substantial part of investigation is over; (2) None of the oBence alleged is punishable with life sentence or death penalty and is triable by the Court of Magistrate; (3) Applicant is behind the bars since 11.07.2026; (4) There is nothing to be recovered or discovered from the applicant; (5) Though the applicant is having one past antecedent, he is presumed to be innocent till proven guilty; (6) Obviously commencement and conclusion of trial will take some time; R/CR.MA/18093/2026 ORDER DATED: 05/08/2026 (7) Co-accused similarly situated, who were also employee of said 8rm / company are enlarged on regular bail by the learned Sessions Judge and therefore, on the ground of parity also (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in 2011 (3) GLR 1999), present application deserves consideration. [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 application deserves consideration. [8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a 8t 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 regular bail in connection with FIR being C.R. No.11191006260158 of 2026 registered with Bodakdev Police Station, Ahmedabad City on executing a personal bond of Rs.25,000/- (Rupees Twenty-8ve Thousand only) with ONE LOCAL SURETY / 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; R/CR.MA/18093/2026 ORDER DATED: 05/08/2026 (d) not leave the territory of State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in a week till Aling of the chargesheet and after Aling of the chargesheet, mark presence before the concerned police station once in a month for a period of six months; (f) furnish the copy of Aadhaar card, email ID/contact number / permanent and present address of his residence to the Investigating OLcer and also to the Court at the time of execution of the bond and shall not change the residence and contact number/SIM card 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 applicant only if he is not required in connection with any other oBence 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 inNuenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. [12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/08/2026 14:23:49