SAILESHBHAI RATIBHAI PATELversusSTATE OF GUJARAT

     R/CR.MA/10625/2026                                  ORDER DATED: 06/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                 CHARGESHEET) NO. 10625 of 2026

==========================================================
                           SAILESHBHAI RATILAL PATEL
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 06/05/2026

                                    ORDER

1.      RULE.         Learned APP waives service of rule for the
respondent-State.

2.      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.11204006260047 of 2026 with Aatarsumba Police Sation,
Kheda for offences punishable under Sections 189(2), 191(2),
191(3), 190, 109, 117(2), 115(2), 351(2), and 352 of the
Bhardtiya Nayaya Sanhita (BNS), 2023 and Section 135 of
the Gujarat Police Act.

3.      Learned Advocate appearing on behalf of the applicant
submits that the applicant has no connection whatsoever with
the alleged offence and has been falsely implicated. The
applicant has been in judicial custody since 09.03.2026, and
substantial part of the investigation is over. The learned
advocate further submits that, considering the nature of the


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      R/CR.MA/10625/2026                                     ORDER DATED: 06/05/2026




allegations, the applicant may be enlarged on regular bail by
imposing suitable conditions.

4.       Learned APP appearing on behalf of the respondent-State
has opposed grant of regular bail looking to the nature and
gravity of the offence. Therefore, the present application may be
dismissed.

5.       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.       I have heard the learned advocates appearing on behalf of
the respective parties and perused the investigation papers.
Following aspects have been considered:

(1)       The      applicant   has   been          in   judicial   custody       since


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      R/CR.MA/10625/2026                         ORDER DATED: 06/05/2026




          09.03.2026, and substantial part fo the investigation is
          over.
(2)       The allegations against the present applicant are that he
          was a member of an unlawful assembly, that he instigated
          the other co-accused, and that he assaulted with kick and
          fist blow.
(5)       There is no possibility of proceeding with the trial in the
          near future;
(6)       Nothing is required to be recovered or discovered from the
          applicant.

7.       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.       In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant/s 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/s on regular bail. Hence,


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   R/CR.MA/10625/2026                             ORDER DATED: 06/05/2026




the present application is allowed. The applicants is/are ordered
to be released on regular bail in connection with FIR being C.R.
No.11204006260047 of 2026 with Aatarsumba Police Sation,
Kheda on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five Thousand only) with one surety of the like
amount to the satisfaction of the trial Court and with one
surety of Rs.25,000/- 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
           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 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 any illegal activity or any similar type of
           offence. If the applicant is found in any illegal activity
           or any similar type of activity, then, concerned



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      R/CR.MA/10625/2026                                                ORDER DATED: 06/05/2026




              Investigating Officer shall                      have liberty to file an
              application for cancellation of bail against the present
              applicant. In case of breach of any conditions, the
              concerned Trial Court shall have liberty to cancel the
              bail of the present applicant;
      (h)     not enter into the territorial limits of Antroli Village till
              the trial is over.

9.       The authorities will release the applicant/s 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.      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       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.      Rule is made absolute to the aforesaid extent.                                       Direct
service is permitted.


                                                                  (HASMUKH D. SUTHAR,J)
ALI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 06/05/2026 18:28:06




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