[Cites 5, Cited by 0]
Gujarat High Court
Johnson Hirabhai Gamit vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/11406/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11406 of 2026
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JOHNSON HIRABHAI GAMIT
Versus
STATE OF GUJARAT
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Appearance:
MR. D V CHAUHAN(14670) for the Applicant(s) No. 1
MR. HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/05/2026
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 Nagarik Suraksha Sanhita, 2023 (for short "BNSS")
for regular bail in connection with FIR being C.R. No.
11192008250674 of 2025 registered with Bavla Police
Station, Ahmedabad, for the offences under Sections 317(2),
317(4), 318(4), 319(2), 54 and 61(2)(a) of the BNSS and
Sections 66-C and 66-D of the Information Technology Act,
2008.
[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
NEUTRAL CITATION
R/CR.MA/11406/2026 ORDER DATED: 11/05/2026
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implicated in the offence. Investigation is over and chargesheet
has been filed. Nothing is required to be recovered or
discovered. He submits that the allegation against the present
applicant is that he has played his role as a middleman and, at
the instance of co-accused, got transferred the amount of
Rs.70,000/-, which is withdrawn by the co-accused from
Karnataka. Except for playing the role of a middleman, there is
no allegation against the present applicant that he has received
any commission, nor is any money trail found in his account. 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. 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
NEUTRAL CITATION
R/CR.MA/11406/2026 ORDER DATED: 11/05/2026
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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 charge-sheet is filed;
(2) Applicant is behind the bar since 18.12.2025;
(3) There is nothing to be recovered or discovered from
the applicant;
(4) The allegation against the present applicant is that
he has played his role as a middleman and, at the
instance of co-accused, got transferred the amount
of Rs.70,000/-, which is withdrawn by the co-accused
from Karnataka. Except for playing the role of a
middleman, there is no allegation against the present
applicant that he has received any commission, nor
is any money trail found in his account.
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R/CR.MA/11406/2026 ORDER DATED: 11/05/2026
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(5) Offence is triable by JMFC Court ;
(6) Obviously commencement and conclusion of trial will
take its own time.
[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 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.
11192008250674 of 2025 registered with Bavla Police
Station, Ahmedabad on executing a personal bond of
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R/CR.MA/11406/2026 ORDER DATED: 11/05/2026
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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 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 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.
[9.0] The authorities will release the applicant only if he is not
required in connection with any other offence for the time
NEUTRAL CITATION
R/CR.MA/11406/2026 ORDER DATED: 11/05/2026
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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.)
DHARMENDRA KUMAR
