ARVINDBHAI TULSIDAS SADHUversusSTATE OF GUJARAT

    R/CR.MA/13429/2026                                 ORDER DATED: 13/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 13429 of 2026
==========================================================
                         ARVINBHAI TULSIDAS SADHU
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 13/07/2026

                                   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. 143/2014 registered with Sola High
Court Police Station, Ahmedabad, for the offences under Sections 376,
506(2) of IPC and Sections 65, 66(A) and 67(A) of the IT Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant was arrested in connection with the impugned offence and
thereafter, released on regular bail by the coordinated Bench of this Court
and due to his absenteeism, NBW came to be issued by the learned
Magistrate and applicant is arrested and sent to judicial custody. 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 is facing serious charges under
Sections 376nad 506(2) of IPC and IT Act. Offence has been registered in
May, 2014 and till date, after 12 years, no proceedings of committal has



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    R/CR.MA/13429/2026                                  ORDER DATED: 13/07/2026




been initiated due to absenteeism of the applicant. 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. As the applicant is
ready and willing to appear before the authority/ trial Court regularly and
engage an advocate for trial proceedings, present application deserves
consideration.

[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.


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    R/CR.MA/13429/2026                                  ORDER DATED: 13/07/2026




[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. 143/2014
registered with Sola High Court Police Station, Ahmedabad 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;
   (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   SIM        Number/Aadhaar        card,       email
           ID/present/permanent          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)     shall appear regularly before the learned trial Court/Sessions
           Court and cooperate in the trial proceedings and shall not prolong
           the trial proceedings by his act, in that event, learned Sessions
           Court may pass any order or condition to secure the presence of



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       R/CR.MA/13429/2026                                                       ORDER DATED: 13/07/2026




                the applicant.
 [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 13/07/2026 17:47:21


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