[Cites 4, Cited by 0]
Gujarat High Court
Hiteshbhai @ Boti Kanubhai Dulera vs State Of Gujarat on 8 May, 2026
NEUTRAL CITATION
R/CR.MA/11161/2026 ORDER DATED: 08/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11161 of 2026
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HITESHBHAI @ BOTI KANUBHAI DULERA
Versus
STATE OF GUJARAT
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Appearance:
MR AMRISH S BAROT(3551) for the Applicant(s) No. 1
MR PAWAN A BAROT(6455) 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 : 08/05/2026
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
Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in
connection with FIR being C.R. No. 11211056250837 of 2025 registered
with Surendranagar City B Division Police Station, Surendranagar for the
offence punishable under Sections 116-b, 65(a), 65(e) etc. of the Prohibition
Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence. It is
submitted that investigation is over and charge-sheet is filed. Considering
the nature of the offence, the applicant may be enlarged on regular bail by
imposing stringent conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application on the ground that 16 similar nature of
offences are registered against him. If he released on bail, he can misuse his
liberty and indulge in similar type of activities. Hence, application does not
deserve any consideration.
NEUTRAL CITATION
R/CR.MA/11161/2026 ORDER DATED: 08/05/2026
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[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. In present case,
following aspects have been considered:
(1) investigation is over and charge-sheet is filed;
(2) Applicant is behind the bars since 22.01.2026;
(3) None of the offence alleged is punishable with life sentence or
death penalty;
(4) nothing is required to be recovered and discovered from him;
(5) offence is triable by JMFC;
(6) commencement of trial will take its own time;
(7) Merely having past antecedent is not a ground to refuse the bail
considering the fact that unless and until accused proved guilty
beyond all reasonable doubt which is goverend by presumption of
innocence;
[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
NEUTRAL CITATION
R/CR.MA/11161/2026 ORDER DATED: 08/05/2026
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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.
11211056250837 of 2025 registered with Surendranagar City B Division
Police Station, Surendranagar, on executing a personal bond of Rs.25,000/-
(Rupees Twenty-five Thousand only) with one solvent 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
NEUTRAL CITATION
R/CR.MA/11161/2026 ORDER DATED: 08/05/2026
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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 similar type of activities, if the applicant is found to
be indulged in any illegal activities in future, the trial Court
concerned will be free to issue warrant and cancel the bail granted
to the applicant.
(h) not enter into Surendrangar District for six months except for
marking presence and /or attending the court proceedings;
[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
