DHRUVRAJSINH HAKUBHA GOHILversusSTATE OF GUJARAT

    R/CR.MA/12716/2026                                 ORDER DATED: 09/06/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 12716 of 2026
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                         DHRUVRAJSINH HAKUBHA GOHIL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR. KULDEEP D VAIDYA(7045) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 09/06/2026

                                   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
Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11198067260284 of 2026 registered
with Vartej Police Station, Bhavnagar, for the offence punishable under
Sections 305(a), 331(4), 317(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.
Applicant is having no past antecedents. It is submitted that substantial part
of investigation is over. Considering the nature of the offence, the applicant
may be enlarged on regular bail by imposing stringent conditions.


[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that applicant is involved in
the offence. Hence, he has requested to dismiss the present application for
regular bail looking to the nature and gravity of the offence.


[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


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      R/CR.MA/12716/2026                                  ORDER DATED: 09/06/2026




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. In present case,
following aspects have been considered:


(1)      substantial part of investigation is over;
(2)      None of the offence alleged is punishable with life sentence or death
penalty;
(3)      Applicant is behind the bars since 23.04.2026;
(4)      There is nothing to be recovered or discovered from the applicant;
(5)      no past antecedent is reported against the present applicant;
(6)      case is triable by the JMFC;
(7)      present applicant is not named in the FIR, on the basis of statement
of co-accused, during the course of investigation, he arraigned as an
accused;
(8)      The allegations against the present applicant that he is having Bolero
Pickup and the said vehicle was used to load the stolen goods and scrap and
the said goods was transported in the said pickup.
(9)      The co-accused, , who actively participated in the commission of the
offence of theft, have already been released on bail either by the learned
Sessions Court or by a Co-ordinate Bench of this Hon'ble Court;




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    R/CR.MA/12716/2026                                    ORDER DATED: 09/06/2026




[7.0] Considering the decision rendered in case of Rameshbhai Batubhai
Dabhi vs. State of Gujarat reported in (1999) 3 GLR 1150, on the ground of
parity, the present application may be allowed.


[7.1] 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.
11198067260284 of 2026 registered with Vartej Police Station,
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 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;



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       R/CR.MA/12716/2026                                                ORDER DATED: 09/06/2026




        (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
                month till filing of the charge-sheet 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;


  [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)
  KUMAR ALOK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 09/06/2026 15:40:41



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