R/CR.MA/22344/2026(GJHC240720392026) ORDER DATED: 24/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 22344 of 2026 ========================================================== VIPULBHAI PRAVINBHAI BAGTHARIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1 MS JYOTI BHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/09/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11208045240629 of 2024 registered with Malaviyanagar Police Station, Rajkot City, for the offences under Sections 109, 115(2), 118(1), 352, 351(3) and 54 of the BNS and Section 135 of the GP Act. [3.0] Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Nothing is required to be recovered or discovered. As per the case of the applicant, in connection with FIR being C.R. No. 11208045240629 of 2024 registered with Malaviyanagar Police Station, Rajkot City, the applicant was enlarged on bail by learned Sessions Court, Rajkot, vide order dated 04.12.2024 in CRMA No.3730/2024 with certain conditions and out of the same, condition No.5 was to the effect that the applicant shall not enter into the Rajkot City till completion of trial except to attend trial. However, the applicant entered into Rajkot City and one offence was registered on 08.03.2025 under the Prohibition Act. However, due to some reason, the applicant has entered R/CR.MA/22344/2026(GJHC240720392026) ORDER DATED: 24/09/2026 into Rajkot City and therefore, the State has preferred an application for cancellation of bail, which came to be allowed and the applicant is taken into custody. He therefore submits that, considering the nature of the offence, 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 on the ground that the applicant is very much involved in the present offence and considering the gravity of offence, no case is made out to entertain present bail application. Further, the applicant is having past antecedent and if he is released on bail, possibility cannot be ruled out that the applicant will flee from justice. 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 offence, 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: R/CR.MA/22344/2026(GJHC240720392026) ORDER DATED: 24/09/2026 (1) Investigation is over and charge-sheet is filed; (2) Applicant is behind the bar since 29.06.2026; (3) There is nothing to be recovered or discovered from the applicant; (4) None of the offence alleged is punishable with life sentence or death penalty ; (5) Though the applicant is having past antecedent, he is presumed to be innocent till proven guilty;. (6) Obviously commencement and conclusion of trial will take its own time. (7) Considered the facts of the case and submissions made by learned counsel for both sides. It appears that the wife of the applicant was sick and the daughter of the applicant was pursuing studies in Kindergarten, and therefore, for making financial arrangements, the applicant entered Rajkot City. Merely because the applicant entered Rajkot City, his bail was cancelled and his liberty was curtailed. Even while passing the order, the learned Sessions Court observed that if the trial did not substantially progress, it would be open for the applicant to file a regular bail application. This Court is of the considered view that without any justifiable reasons or cause, the learned Sessions Court curtailed the personal liberty of the applicant for six months. The sum and substance of the matter is that the applicant breached a condition by entering Rajkot City. Therefore, considering the facts and circumstances of the case, the application deserves consideration. The order dated 04.12.2024 passed by the learned Sessions Court, Rajkot City, is hereby restored on the same terms and conditions. [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 R/CR.MA/22344/2026(GJHC240720392026) ORDER DATED: 24/09/2026 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 fit 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. 11208045240629 of 2024 registered with Malaviyanagar Police Station, Rajkot City, on executing a personal bond of Rs.25,000/- (Rupees Twenty- five 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; (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 every month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) furnish the Aadhaar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the R/CR.MA/22344/2026(GJHC240720392026) ORDER DATED: 24/09/2026 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 Rajkot City till completion of trial except to attend trial and concerned Police station, if required; [9.0] 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 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 influenced 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) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 24/09/2026 17:49:11