RAJ VIJAYBHAI PANDYAversusSTATE OF GUJARAT

    R/CR.MA/14483/2026                               ORDER DATED: 30/06/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 14483 of 2026
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                         RAJ VIJAYBHAI PANDYA
                                 Versus
                          STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 30/06/2026

                                   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
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11188008260316 of 2026 registered
with Modasa Rural Police Station, Aravalli, for the offences under
Sections 309(4), 126(2) and 54 of the BNS.


[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Substantial part of investigation is over. During remand period granted from
25.04.2026 to 28.04.2026, while accused was going to sell the muddamal,
was recovered and now nothing is required to be recovered or discovered.
The applicant has no past antecedent. 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 very much involved in the
present offence and considering the gravity of offence, no case is made out


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to entertain present bail application. Chargesheet is yet to be filed.
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) 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 bar since 19.01.2026;

      (4) There is nothing to be recovered or discovered further from the applicant;

      (5) No past antecedent is reported against the applicant;

      (6) Offence is triable by JMFC Court.

      (7) Obviously commencement and conclusion of trial will take its own time.



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       (8) Partial muddamal is yet to be recovered and chargesheet is yet to be filed, is
       not a ground to refuse the bail when prosecution failed to point out any
       circumstances for what reason incarceration of application is required till filing
       of chargesheet.

       (9) The co-accused is already released on bail by this Court. Hence, on the
       ground of parity, the present application deserves consideration. Considering
       the decision rendered in case of Rameshbhai Batubhai Dabhi vs. State of
       Gujarat reported in (1999) 3 GLR1150, on the ground of parity, the 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.

[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.
11188008260316 of 2026 registered with Modasa Rural Police Station,
Aravalli, 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



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       R/CR.MA/14483/2026                                                ORDER DATED: 30/06/2026




          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 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;



  [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 30/06/2026 14:52:08




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