[Cites 3, Cited by 0]
Gujarat High Court
Majirana (Bhil) Vikram Savlaram vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/11519/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11519 of 2026
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MAJIRANA (BHIL) VIKRAM SAVLARAM
Versus
STATE OF GUJARAT
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Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1
MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/05/2026
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.11994010260007 of 2026 registered
with Radhanpur Railway Police Station, District Banaskantha, for the
offence under Section 305(c) of the Bhartiya Nyaya Sanhita, 2023.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Substantial part of investigation is over. He submits that custodial
interrogation is no longer required and the custody of the applicant is not
necessary as the Investigating Officer has recovered mobile phone and a
portion of cash of Rs.1,02,000/-. He therefore submits that the applicant
NEUTRAL CITATION
R/CR.MA/11519/2026 ORDER DATED: 12/05/2026
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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, considering the nature
of the offence, the present application may not be allowed.
[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:
(1) Substantial part of the investigation is over qua present applicant;
(2) Applicant is behind the bar since 23.04.2026;
(3) No past antecedents against the present applicant.
(4) The allegation against the applicant is that he has stolen
NEUTRAL CITATION
R/CR.MA/11519/2026 ORDER DATED: 12/05/2026
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Rs.2,00,000/- cash, gold chain and one mobile phone muddamal
worth of Rs.4,86,500/-. He was not disappearing during the
course of investigation and surveillance is diminished.
(5) The muddamal i.e. mobile phone and cash of Rs.1,02,000/- have
been recovered from the applicant.;There is no possibility to
conclude the trial in near future.
(6) The detention is during the trial amounts to pre-trial conviction and
the offence is triable by JMFC Court.
[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.
NEUTRAL CITATION
R/CR.MA/11519/2026 ORDER DATED: 12/05/2026
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No.11994010260007 of 2026 registered with Radhanpur Railway
Police Station, District Banaskantha 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
week till filing of the chargesheet and after filing of the
chargesheet, 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
the time of execution of the bond and shall not change the
residence/contact number without prior permission of Trial
Court;
(g) 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.
[9.0] The authorities will release the applicant only if he is not required
NEUTRAL CITATION
R/CR.MA/11519/2026 ORDER DATED: 12/05/2026
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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.
Sd/-
(HASMUKH D. SUTHAR,J)
ABHISHEK/23
