High Court of Gujarat
SAHIL ALIAS JAYESH ALIAS SAGAT DINESHBHAI PATANI MANVADAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court held that, on the facts, the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The applicant, Sahil Patani, filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR alleging offences under Sections 331(4) and 305(a) of the same Act. He claimed innocence, argued that the investigation was substantially complete, and pointed to the bail granted to co‑accused as a ground for parity. The State opposed bail, contending that the applicant was implicated in theft and had been arraigned as an accused. The Court examined factors such as the nature of the offence, lack of life‑imprisonment or death penalty, the applicant’s clean record, and the principle that bail is the rule and jail the exception. Relying on precedents and the constitutional guarantee of personal liberty, the Court concluded that bail was appropriate and ordered the applicant released on regular bail with specified conditions. The bail bond was set at Rs.25,000 with one surety and various compliance requirements were imposed.
Issues considered
- Whether the applicant is entitled to regular bail under Section 483 of the BNSS before the filing of a chargesheet.
- Whether parity with co‑accused who have been granted bail warrants granting bail to the applicant.
- Whether the nature of the alleged offences and the status of the investigation justify the grant of bail.
- Whether the imposition of conditions can sufficiently safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 305(a), s. 331(4)
Subjects
regular bailSection 483 BNSSpre‑trial detentionparity principlepersonal libertyArticle 21Gujarattheft
Judgment
R/CR.MA/14761/2026 ORDER DATED: 02/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 14761 of 2026
==========================================================
SAHIL ALIAS JAYESH ALIAS SAGAT DINESHBHAI PATANI MANVADA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR BHARATKUMAR H OZA(12150) for the Applicant(s) No. 1
MR JIGAR B OZA(11654) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 02/07/2026
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. 11191033260256 of 2026 registered
with Meghaninagar Police Station, Ahmedabad, for the offences under
Sections 331(4) and 305 (a) 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. Nothing is required to be recovered
or discovered. He is arrested on 06.05.2026. Co-accused are granted bail by
the Sessions Court/this Court and on the ground of parity also, applicant
may be enlarged on bail. 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
committed theft and during investigation, the applicant has been arraigned
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R/CR.MA/14761/2026 ORDER DATED: 02/07/2026
as an accused. 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 06.05.2026;
(4) There is nothing to be recovered or discovered from the
applicant;
(5) He is not named in the FIR but based on the statement of co-
accused, he has been arraigned as an accused.
(6) No past antecedent.
(7) 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
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R/CR.MA/14761/2026 ORDER DATED: 02/07/2026
2011 (3) GLR 1999), present application deserves
consideration.
(8) Offence is triable by JMFC Court.
(9) 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.
11191033260256 of 2026 registered with Meghaninagar 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
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R/CR.MA/14761/2026 ORDER DATED: 02/07/2026
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)
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 02/07/2026 14:38:00
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