SAVAN ASHVINBHAI DESAIversusSTATE OF GUJARAT

    R/CR.MA/12924/2026                                ORDER DATED: 01/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 12924 of 2026
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                         SAVAN ASHVINBHAI DESAI
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR MR PRAJAPATI(1532) for the Respondent(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 01/07/2026

                                  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
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11213064260319 of 2026 registered
with Upleta Police Station, Rajkot Rural for the offences punishable under
Sections 109(1), 117(2), 118(2), 115(2), 351(3), 127(2) and 61(2) of the
Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 135 of the
Gujarat Police Act.

[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. 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 on the ground that the applicant and other accused have caught
the complainant and accused No.1 with an intention to kill the complainant
has beaten with iron pipe. Chargesheet is yet to be filed. Therefore, present



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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)     Substantial part of investigation is over;
      (2)     The role alleged against the applicant is that he caught hold
              of the injured however, now the injured is out of danger and
              discharged from the hospital;
      (3)     None of the offence alleged is punishable with life sentence or
              death penalty ;
      (4)     Applicant is behind the bar since 10.05.2026;
      (5)     There is nothing to be recovered or discovered from the
              applicant;
      (6)     Co-accused having similarly situated role are enlarged on
              regular bail and therefore, on the ground of parity also
              (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in
              2011      (3)   GLR   1999),    present   application      deserves


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                  consideration.
         (7)      Offence is triable by JMFC Court.
         (8)      Obviously commencement and conclusion of trial will take
                  its own 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 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.11213064260319 of 2026 registered with Upleta Police Station,
Rajkot Rural, 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/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;


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     R/CR.MA/12924/2026                                                       ORDER DATED: 01/07/2026




    (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 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 Aadhaar card, email ID/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;
    (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 Taluka Upleta till filing of charge- sheet except
             for marking presence before the concerned police station;

[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 01/07/2026 14:42:59

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