SHABANABEN FARUKHBHAI DHIM (THIM)versusSTATE OF GUJARAT

    R/CR.MA/11549/2026                             ORDER DATED: 13/05/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 11549 of 2026
================================================================
                         SHABANABEN FARUKHBHAI DHIM
                                    Versus
                              STATE OF GUJARAT
================================================================
Appearance:
MS KAILASBEN D GOPANI(12735) for the Applicant(s) No. 1
S M KIKANI(7596) for the Applicant(s) No. 1
MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1
================================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 13/05/2026
                                   ORDER

         Leave to amend.

[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.11198001260070 of 2026
registered with Nilambag Bhavnagar Police Station, District
Bhavnagar for the offences under Sections 3, 4, 5 and 7 of the Immoral
Traffic (Prevention) Act, 1956 and under Section 143(2) 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 and
now nothing is required to be recovered or discovered. Chargesheet has
been filed. Based on the statement of co-accused no.1, the applicant is
arrested and thereby she is projected as the owner of the Spa. He submits
that there is no evidence with respect to ownership of the applicant nor

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    R/CR.MA/11549/2026                                 ORDER DATED: 13/05/2026




there is any document of rent agreement. He therefore submits that,
considering the nature of the offence, the applicant 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 requested to dismiss the present
application for regular bail considering the nature of the offence as
alleged in the FIR. Therefore, present application does not deserve
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) Investigation is over and charge-sheet is filed;

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   R/CR.MA/11549/2026                                 ORDER DATED: 13/05/2026




(2) None of the offence alleged is punishable with life sentence or death
penalty and are triable by the Court of JMFC;

(3) Applicant is behind the bars since 19.02.2026;

(4) There is nothing to be recovered or discovered from the applicant and
the present applicant-accused is a lady;

(5) The allegation against the applicant is that she is running a Spa; The
Court has considered the quantum of punishment and gravity of the
offence;

(6) Having the similar nature of three past antecedents, stringent
condition is required to be imposed;

(7) The object of the bail not a punitive, but preventive. Obviously
commencement and conclusion of trial will take some time.


[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


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    R/CR.MA/11549/2026                                 ORDER DATED: 13/05/2026




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.11198001260070 of 2026 registered with Nilambag Bhavnagar
Police Station, District Bhavnagar 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 she 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 every
      month for a period of six months between 11.00 a.m. and 2.00 p.m.;




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     R/CR.MA/11549/2026                                                    ORDER DATED: 13/05/2026




        (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 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.

        (h) not to enter in Bhavnagar Town for a period of three
        months and not to indulge in similar type of activity.

[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

                                                                             Sd/-
                                                                     (HASMUKH D. SUTHAR,J)
ABHISHEK/19

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ABHISHEK DASHRATHBHAI PRAJAPATI(HC01389), GOV, at High Court of Gujarat on 13/05/2026 12:38:57
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