ARPIT VISHNUBHAI DESAIversusSTATE OF GUJARAT

      R/CR.A/1637/2026                                       ORDER DATED: 19/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL APPEAL (REGULAR BAIL - BEFORE CHARGESHEET) NO.
                       1637 of 2026

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                            ARPIT VISHNUBHAI DESAI
                                     Versus
                           STATE OF GUJARAT & ORS.
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Appearance:
MR VILAV K BHATIA(5338) for the Appellant(s) No. 1
DS AFF.NOT FILED (N) for the Opponent(s)/Respondent(s) No. 2,3
MR VINAY VISHEN, APP for the Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 19/08/2026

                                       ORDER

[1.0] Ms. Ria A. Mirza, learned advocate states that she has
instructions to appear for the original complainant and seeks time
to le his appearance. Registry to accept her vakalatnama.


[1.1] RULE.          Learned     APP    waives       service    of    rule     for     the
respondent-State.         Learned       advocate          appearing      for   original
complainant waives service of rule on her behalf.


[2.0] Present appeal under Section 14-A of the Scheduled Caste
and     Scheduled        Tribe   (Prevention         of    Atrocities)    Act,       1989
(hereinafter referred to as “Atrocity Act”) for regular bail in
connection with FIR being C.R.No.11191022260560 of 2026
registered with Isanpur Police Station, Ahmedabad,                                     for
o1ence punishable under Sections 64(1) of BNS, 2023 and Sections
3(1)(w)(i) and 3(2)(v) of Schedule Caste and Schedule Tribes
(Prevention of Atrocity) Act.


[3.0] Learned advocate appearing on behalf of the appellant


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submits that appellant is innocent and falsely implicated in the
o1ence. He has no past antecedents. He, therefore submits that,
considering the nature of the o1ence, the appellant 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 appeal and submitted that, the appellant is
very much involved in the o1ence. Therefore, present appeal does
not deserve any consideration


[5.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged o1ence, 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 appeal 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 investigation is over;



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(2)     Appellant is behind the bar since 01/07/2026;
(3)     Prima facie, it appears that pursuant to leave-in-relationship
contract,      both      were   living      together   and     subsequently,           the
complaint came to be led;
(4)     Complainant is present before the Court.                      A1idavit with
regard to no objection if the applicant is released is on record.
(5)     There is no possibility to conclude the trial in near future.
(6)     Appellant has no past antecedents.


[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 appeal
deserves consideration.


[8.0] In the facts and circumstances of the case and considering the
nature of the allegations made against the appellant in the FIR,
without discussing the evidence in detail, prima facie, this Court is
of the opinion that this is a            t case to exercise the discretion and
enlarge the appellant on regular bail. Hence, the present appeal is
allowed. The appellant is ordered to be released on regular bail in
connection with FIR being C.R.No.11191022260560 of 2026
registered        with    Isanpur        Police Station, Ahmedabad,                    on
executing a personal bond of Rs.25,000/- (Rupees Twenty- ve



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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 week till   ling of the charge-sheet and after     ling of the
          charge-sheet, mark presence before the concerned police
          station once in a month for a period of six months;
   (f)    furnish the Aadhaar card, email ID/present address of
          his residence to the Investigating O1icer 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 appellant only if he is not
required in connection with any other o1ence 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.



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[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 inGuenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the appellant on bail.


[12.0] Rule is made absolute to the aforesaid extent. Direct service
is permitted.




                                                                  (HASMUKH D. SUTHAR,J)
ILA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 19/08/2026 18:00:17




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