Gujarat High Court
Luvkush @Chandan Bajrangsharan ... vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/CR.MA/10752/2026 ORDER DATED: 06/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 10752 of 2026
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LUVKUSH @CHANDAN BAJRANGSHARAN SHUKALA
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/05/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present successive bail application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11210069260027 of 2026 registered with Althan Police Station, Dist. Surat City, for the offence under Sections 316(2), 316(4) and 351(3) of the BNS.
[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and charge-sheet has been filed. Considering the same, 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 submitted that, the applicant is involved in the offence. Therefore, the present application be dismissed.
[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 Page 1 of 4 Uploaded by KUMAR ALOK(HC01091) on Wed May 06 2026 Downloaded on : Wed May 06 22:39:15 IST 2026 NEUTRAL CITATION R/CR.MA/10752/2026 ORDER DATED: 06/05/2026 undefined 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) Investigation is over and chargesheet has been filed; (2) Applicant is in jail since 24.01.2026;
(3) There is nothing to be recovered or discovered from the applicant; (4) The allegation against the present applicant is that he gained the trust of the complainant and induced him to open a locker in his own name, wherein the gold ornaments, an amount of Rs.70 lakh, and certain property documents were kept. Thereafter, he falsely claimed that the key was lost and that the lock of locker was required to be changed, retained the new key, and demanded 54 lakh for handing over the key. In this connection, an offence was registered;
(5) Case is triable by the JMFC:
(6) Commencement of trial will take its own time;
(7) No past antecedent is reported against the present applicant;
(8) The fact that partial muddamal is recovered;
[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 Page 2 of 4 Uploaded by KUMAR ALOK(HC01091) on Wed May 06 2026 Downloaded on : Wed May 06 22:39:15 IST 2026 NEUTRAL CITATION R/CR.MA/10752/2026 ORDER DATED: 06/05/2026 undefined 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 further on merit, 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.11210069260027 of 2026 registered with Althan Police Station, Dist. Surat City, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one local 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 to leave State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned police station once in a month for a period of six months;
(f) furnish the Aadhar card, email ID/present address of his residence to the Investigating Officer and also to the Court at Page 3 of 4 Uploaded by KUMAR ALOK(HC01091) on Wed May 06 2026 Downloaded on : Wed May 06 22:39:15 IST 2026 NEUTRAL CITATION R/CR.MA/10752/2026 ORDER DATED: 06/05/2026 undefined the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court;
[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) KUMAR ALOK Page 4 of 4 Uploaded by KUMAR ALOK(HC01091) on Wed May 06 2026 Downloaded on : Wed May 06 22:39:15 IST 2026