[Cites 4, Cited by 0]
Gujarat High Court
Raj @Raja S/O Gautambhai Shankarbhai ... vs State Of Gujarat on 15 May, 2026
NEUTRAL CITATION
R/CR.MA/11671/2026 ORDER DATED: 15/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11671 of 2026
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RAJ @RAJA S/O GAUTAMBHAI SHANKARBHAI DATANI
Versus
STATE OF GUJARAT
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Appearance:
MR ANIL H SONI(2793) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/05/2026
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.11191023260240 of 2026 registered
with Vadaj Police Station, Ahmedabad City, for the offence under
Sections 309(6), 296(b), 115(2) and 351(3) of the Bharatiya 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 the applicant is
26 years old and the alleged incident took place in connection with the
business rivalry. He submits that considering the nature of the offence,
the applicant may be enlarged on regular bail by imposing suitable
conditions.
NEUTRAL CITATION
R/CR.MA/11671/2026 ORDER DATED: 15/05/2026
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[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application on the ground that the applicant is having
11 past antecedents. He, therefore, submits that the present application
does not deserve any 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 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 investigation is over;
(2) Applicant is behind the bar since 22.04.2026;
(3) There is nothing to be recovered or discovered from the applicant;
(4) There is no possibility to conclude the trial in near future.
(5) The alleged incident took place on 17.04.2026 and the complaint
has been lodged after a period of 4 days from the date of incident.
NEUTRAL CITATION
R/CR.MA/11671/2026 ORDER DATED: 15/05/2026
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(6) The remand was refused by the learned Trial Court.
(7) Perused the report submitted by the learned APP, it appears that the
offences under the provisions of PASA and under the provisions of
Prohibition Act have been registered against the applicant and also
the offence under Section 271.
[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.11191023260240 of 2026 registered with Vadaj Police Station,
Ahmedabad City, on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five Thousand only) with one local surety of the like amount to
NEUTRAL CITATION
R/CR.MA/11671/2026 ORDER DATED: 15/05/2026
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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.
(h) not to enter into Vadaj Police Station area till filing of the
charge-sheet except for the purpose of marking presence
before the concerned police station.
[9.0] The authorities will release the applicant only if he is not required
NEUTRAL CITATION
R/CR.MA/11671/2026 ORDER DATED: 15/05/2026
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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/25
