CHANDUBHAI SHAMJIBHAI BAVALIYAversusSTATE OF GUJARAT

    R/CR.MA/10999/2026                                 ORDER DATED: 07/05/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 10999 of 2026

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                         CHANDUBHAI SHAMJIBHAI BAVALIYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. ARSHADSHA S MADAR(14435) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 07/05/2026

                                     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
Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11211025260168 of 2026 registered
with Joravarnagar Police Station, Surendranagar, for the offence under
Sections 316(2), 318(4), 336(2), 336(3), 338, 340(2) and 54 of the BNS.

[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. Nothing is required to be recovered
from the applicant. Allegation against the applicant is that, he has obtained
vehicle loan from Shriram Finance and simultaneously without repaying said
loan, has wrongfully obtained NOC and Form No.35 and submitted to RTO
Office and then transferred the vehicle to brother of accused No.4. Accused
No.4 contacted the accused Nos.3 and 5 to get duplicate NOC but the
applicant has not forged any document. He therefore submits that,
considering the nature of the offence, the applicant may be enlarged on
regular bail by imposing suitable conditions.




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      R/CR.MA/10999/2026                                  ORDER DATED: 07/05/2026




[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant and
other co-accused cheated the complainant by forging documents.
Therefore, present application may not be entertained.

[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 03.04.2026;
(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)        Offence is triable by JMFC Court.
(6)      Allegation against the applicant is that, he has obtained vehicle loan
         from Shriram Finance and simultaneously without repaying said loan,
         has wrongfully obtained NOC and Form No.35 and submitted to RTO
         Office and then transferred the vehicle to brother of accused No.4. In
         fact, accused No.4 contacted the accused Nos.3 and 5 to get



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      R/CR.MA/10999/2026                                  ORDER DATED: 07/05/2026




         duplicate NOC and the applicant has not forged any document.
         Except the applicant is owner of the vehicle, no role is played by the
         applicant.
(7)      The applicant is having one antecedent, however the accused is
         governed by presumption of innocence unless and until proved guilty;

[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.
11211025260168 of 2026 registered with Joravarnagar Police Station,
Surendranagar 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 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;



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    R/CR.MA/10999/2026                                                        ORDER DATED: 07/05/2026




      (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 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 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;

[9.0] The authorities will release the applicant 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.

[10.0] 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)

SUCHIT




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 07/05/2026 15:33:40

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