R/CR.MA/19891/2026(GJHC240646142026) ORDER DATED: 27/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 19891 of 2026 ========================================================== MITESHKUMAR ISHWARBHAI PATEL Versus STATE OF GUJARAT ========================================================== Appearance: MR KEVAL G BRAHMBHATT (BAROT)(9900) for the Applicant(s) No. 1 MS ASMITA PATEL APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 27/08/2026 ORDER [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.11204026260423 of 2026 registered with Kapadvanj Town Police Station, District: Kheda for the o1ences under Sections 316(5), 338 & 340(2) of the B.N.S.. [3.0] Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the o1ence. The allegation against the applicant is that he was serving as Cashier with the complainant Bank during which time he had forged the signature of the account-holder and had withdrew money from the account. However, the entire amount so withdrawn along with interest has been repaid by the applicant. Nothing is required to be recovered or discovered. He, therefore, submits that considering the nature of the o1ence, the applicant may be enlarged on regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has R/CR.MA/19891/2026(GJHC240646142026) ORDER DATED: 27/08/2026 opposed the present application and requested to dismiss the present application for regular bail on the ground that the applicant is very much involved in the present o1ence and considering the gravity of o1ence, no case is made out to entertain present bail application. Charge-sheet is yet to be "led. Further, if he is released on bail, possibility cannot be ruled out that the applicant will :ee from justice and tamper with the evidence. Therefore, present application does not deserve 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 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) Substantial part of investigation is over; (2) There is nothing to be recovered or discovered from the applicant since the amount is already repaid; (3) The case is based on documentary evidence; (4) The applicant was arrested on 03.08.2026. (5) Obviously, the commencement and conclusion of trial will take its own time. Page 2 of 5 R/CR.MA/19891/2026(GJHC240646142026) ORDER DATED: 27/08/2026 (6) Though the applicant is having three past antecedent, he is presumed to be innocent till proven guilty; [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 "t 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.11204026260423 of 2026 registered with Kapadvanj Town Police Station, District: Kheda on executing a personal bond of Rs.25,000/- (Rupees Twenty-"ve Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he/she 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/19891/2026(GJHC240646142026) ORDER DATED: 27/08/2026 (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 chargesheet and after "ling of the chargesheet, 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 OFcer 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. (h) not to enter into District: Kheda for a period of six months except for marking presence before the concerned police station and/or for attending Court; (i) Not to contact or try to contact directly or indirectly the complainant/victim/witnesses connected with the o1ence. [9.0] The authorities will release the applicant 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. [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 in:uenced 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. Page 4 of 5 R/CR.MA/19891/2026(GJHC240646142026) ORDER DATED: 27/08/2026 Direct service is permitted (HASMUKH D. SUTHAR,J) PRAVIN KARUNAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PRAVIN KARUNAN(HC00181), Principal Pvt. Secretary, at High Court of Gujarat on 27/08/2026 14:44:56