AJAYKUMAR S/O SHRI BHUPSING MEVARAM SAKYA (MOURYA KUSHAVAH)versusSTATE OF GUJARAT

   R/CR.MA/14941/2026                                  ORDER DATED: 06/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 14941 of 2026

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    AJAYKUMAR S/O SHRI BHUPSING MEVARAM SAKYA (MOURYA
                         KUSHAVAH)
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR HARSHIT TOLIA, Senior Advocvate ASSISTED BY MR MAULIK S
SHETH(3586) for the Applicant(s) No. 1
UMANG S SHETH(7533) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 06/07/2026

                                  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.11209041260132 of 2026 registered with Prantij Police
Station, District Sabarkantha for the offences punishable
under Sections 123, 125, 274, 275, 336(2), 336(3), 340(2) and 54
of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and
section 59 of the Essential Commodities Act, 2006.

[3.0] Learned Senior Advocate Mr. Harshit Tolia appearing on
behalf of the applicant submits that applicant is innocent and
has been falsely implicated in the offence and is not having any
past antecedent and charge-sheet is filed and now nothing is


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   R/CR.MA/14941/2026                          ORDER DATED: 06/07/2026




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 looking to the nature and
gravity of the offence.

[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:



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      R/CR.MA/14941/2026                                   ORDER DATED: 06/07/2026




(1)       The allegation against the present applicant is that, being
          a plant operator and driver, he facilitated the co-accused
          in adulterating the milk. Except for this, no other specific
          allegation       has   been      levelled   against   the     applicant.
          Moreover, the investigation is over and the charge-sheet
          has been filed.

(2)       None of the offence alleged is punishable with life
          sentence or death penalty and is triable by the Court of
          Magistrate;

(3)       Applicant is behind the bars since 09.03.2026;

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

(5)       The applicant is not having any past antecedent;

(6)       Obviously commencement and conclusion of trial will take
          some 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


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   R/CR.MA/14941/2026                           ORDER DATED: 06/07/2026




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.11209041260132 of 2026 registered with Prantij Police
Station, District Sabarkantha 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 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 a month for a period of six months between 11.00
           a.m. and 2.00 p.m.;

    (f)    furnish the UIDAI Number, Contact Number/s,
           Passport Number (if he is having the passport), E-mail


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          R/CR.MA/14941/2026                                                ORDER DATED: 06/07/2026




                  address and 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 without prior permission of Trial Court;

          (h)     not to indulge in any illegal activity or any similar type
                  of offence failing which concerned Investigating Officer
                  shall have liberty to file an application for cancellation
                  of bail against the present 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)
    ALI




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 06/07/2026 14:36:53




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