[Cites 10, Cited by 0]
Gujarat High Court
Amitbhai Valjibhai Mori vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/6302/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6302 of 2026
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AMITBHAI VALJIBHAI MORI
Versus
STATE OF GUJARAT
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
ORDER
1. RULE. Learned APP waives service of rule for the
respondent-State.
2. The present 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.11210004252436 of 2025 registered with Amroli Police
Station, Surat for the offences punishable under Section
332(c) 140(2), 115(2), 296(b), 351(3) and 54 of the Indian
Penal Code, 1860 (for short "IPC") / The Bharatiya Nyaya
Sanhita, 2023 (for short "BNS").
3. Learned Advocate appearing on behalf of the applicant
submits that the applicant has nothing to do with the offence
and he is falsely implicated in the offence. The applicant is in jail
since 16.11.2025. It is further submitted that, considering the
nature of the offence, the applicant may be granted regular bail
with the imposition of suitable conditions.
NEUTRAL CITATION
R/CR.MA/6302/2026 ORDER DATED: 07/05/2026
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4. Learned APP appearing on behalf of the respondent-State
has opposed grant of regular bail looking to the nature and
gravity of the offence. Therefore, the present application may be
dismissed.
5. 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. 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 is in jail since 16.11.2025.
(2) Charge-sheet is filed.
NEUTRAL CITATION
R/CR.MA/6302/2026 ORDER DATED: 07/05/2026
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(3) The applicant has past antecedents; however, until the
applicant is proven guilty, he is presumed to be innocent.
(4) No possibility of tampering the evidence.
(5) Now, nothing required to discover or recover from the
accused, and there is no possibility of proceeding with the
trail in the near future.
7. 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. In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant/s 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/s on regular bail. Hence,
the present application is allowed. The applicants is/are ordered
to be released on regular bail in connection with FIR being C.R.
No.11210004252436 of 2025 registered with Amroli Police
Station, Surat on executing a personal bond of Rs.25,000/-
NEUTRAL CITATION
R/CR.MA/6302/2026 ORDER DATED: 07/05/2026
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(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 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 month for a period of six months between 11.00
a.m. and 2.00 p.m.;
(f) furnish the UIDAI Number, Contact Number/s, Passport
Number (if he is having the passport), E-mail address and
present address of his residence to the Investigating Officer
and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission
of Trial Court;
(g) not indulge in any illegal activity or any similar type of
offence. If the applicant is found in any illegal activity
or any similar type of activity, then, concerned
Investigating Officer shall have liberty to file an
application for cancellation of bail against the present
applicant. In case of breach of any conditions, the
concerned Trial Court shall have liberty to cancel the
bail of the present applicant;
NEUTRAL CITATION
R/CR.MA/6302/2026 ORDER DATED: 07/05/2026
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(h) not enter into the territorial limits of Amroli Police
Station till the trial is over except for the purpose of
marking presence or attending trial.
9. The authorities will release the applicant/s 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. 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 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. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(HASMUKH D. SUTHAR,J)
ALI
