High Court of Gujarat
SUBHASH @SHUBHAM DILIP RAMversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that, in the absence of evidence of mens rea and given the completed investigation, the applicant is entitled to regular bail and the charge‑sheet does not justify pre‑trial detention.
Summary
The High Court of Gujarat considered a regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Subham @ Shubham Dilip Ram, a 22‑year‑old accused of offences under Sections 107 and 108 of the same Act relating to alleged defamation that led to a 17‑year‑old girl’s suicide. The investigation was complete, a charge‑sheet had been filed and the applicant had been in custody since 11‑December‑2025 with no prior criminal record. The State opposed bail, arguing the seriousness of the offence and a risk of the applicant fleeing or tampering with evidence. The Court examined bail jurisprudence, noting the lack of evidence of mens rea, the completed investigation, and the principle that bail is the rule and jail the exception, citing Supreme Court precedents. Concluding that the prosecution had not demonstrated a need for continued detention, the Court granted regular bail on a personal bond of Rs 25,000 with one surety and imposed standard conditions.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for offences under Sections 107 and 108 of the BNSS involving alleged defamation and suicide.
- Whether the applicant poses a risk of flight, witness tampering, or obstruction of justice warranting continued pre‑trial detention.
- Whether the prosecution has sufficiently justified the necessity of the applicant’s continued custody.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 107, s. 108, s. 483
Subjects
regular bailpre‑trial detentiondefamationsuicideBNSSSection 483personal libertyArticle 21Gujarat
Judgment
R/CR.MA/13261/2026 ORDER DATED: 04/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 13261 of 2026
==========================================================
SUBHAM @SHUBHAM DILIP RAM
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ARJUNSINGH B CHAUHAN(11510) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 04/08/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-
State.
[2.0] The present application is led under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular bail in connection with FIR being Part-A-
C.R.No.11214046251760 of 2025 registered with Palsana
Police Station, District Surat Rural, for the o.ences under
Sections 107, 108 of BNS, 2023.
[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the o.ence. Investigation is over and charge-sheet
has been led. Nothing is required to be recovered or discovered.
He therefore submits that, considering the nature of the o.ence,
the applicant may be enlarged on regular bail by imposing suitable
conditions.
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R/CR.MA/13261/2026 ORDER DATED: 04/08/2026
[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 is very much involved in the present o.ence and
considering the gravity of o.ence, no case is made out to entertain
present bail application. If the applicant is released on bail,
possibility cannot be ruled out that the applicant will 4ee from
justice. 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 o.ence, 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. The
applicant is 22 years old. It is alleged that victim was minor of 17
years and she wanted to marry with the present applicant. It is
alleged that due to defamation of her reputation in the society by
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R/CR.MA/13261/2026 ORDER DATED: 04/08/2026
the applicant, she has committed suicide. No any materiel suggest
the proximate cause qua defame her reputation by the present
applicant or instigation on part of the present applicant. No any
evidence of mens rea is revealed from the investigation. Following
aspects have been considered:
(1) Investigation is over and charge-sheet is led;
(2) Applicant is behind the bar since 11/12/2025;
(3) There is nothing to be recovered or discovered from the
applicant;
(4) The applicant is having no past antecedents;
(5) Obviously commencement and conclusion of trial will
take its own time;
(6) Prosecution has failed to point out the circumstances to
continue or prolong his detention.
[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,
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R/CR.MA/13261/2026 ORDER DATED: 04/08/2026
without discussing the evidence in detail, prima facie, this Court is
of the opinion that this is a t 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 Part-A-
C.R.No.11214046251760 of 2025 registered with Palsana
Police Station, District Surat Rural, on executing a personal
bond of Rs.25,000/- (Rupees Twenty- ve 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;
(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.;
(f) furnish the Aadhaar card, email ID/present address of
his residence to the Investigating O.icer 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.
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R/CR.MA/13261/2026 ORDER DATED: 04/08/2026
[9.0] The authorities will release the applicant only if he is not
required in connection with any other o.ence 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 in4uenced 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)
ILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 04/08/2026 18:38:23
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