KETULKUMAR S/O VINUBHAI KHODABHAI THAKORversusSTATE OF GUJARAT

   R/CR.MA/15278/2026                               ORDER DATED: 11/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 15278 of 2026

==========================================================
         KETULKUMAR S/O VINUBHAI KHODABHAI THAKOR & ANR.
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR KISHAN K NAYI(13080) for the Respondent(s) No. 2
MR HEET H. ROJIYA FOR MR.SANAT B PANDYA(6976) for the
Respondent(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 11/08/2026

                                 ORDER

         Leave to amend the name of applicant no.1 is granted. The
amendment to be carried out forthwith.



[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
C.R.No.11204046260404 of 2026 registered with Nadiad
Town Police Station, Kheda for o/ences punishable under
Sections 310(2), 189(2), 191(2), 190 115(2), 352 and 351(3) of the
Bhartiya Nyaya Shanhita 2023 and Section 135 of the GP Act.



[3.0] Learned advocate appearing on behalf of the applicants



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   R/CR.MA/15278/2026                              ORDER DATED: 11/08/2026




submits that applicants are innocent and have been falsely
implicated in the o/ence and now nothing is required to be
recovered or discovered. He therefore submits that, considering
the nature of the o/ence, the applicants may be enlarged on
regular bail by imposing suitable conditions.



[4.0] Learned APP appearing on behalf of the respondent-State and
learned advocate appearing on behalf of the original complainant
have vehemently opposed the present application on the ground of
gravity of o/ence alleged and requested to dismiss the present
application for regular bail.



[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. Following


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   R/CR.MA/15278/2026                               ORDER DATED: 11/08/2026




aspects have been considered:



              (1) substantial part of investigation is over;
              (2) Applicants are behind the bars since 22.06.2026;
              (3) There is nothing to be recovered or discovered from
              the applicants;
              (4) Obviously commencement and conclusion of trial
              will take some time;
              (5) The applicant no.1 is having one past antecedent
              however the accused is governed by presumption of
              innocence unless and until proved guilty;
              (6) As per the allegations levelled against the present
              applicants and the complainant, it appears that the
              accused persons, with a common object, formed an
              unlawful assembly and went to the complainant,
              keeping a grudge arising out of the election, as the
              complainant had played an active role in defeating the
              accused persons. Accused No.2 assaulted the
              complainant by means of a wooden log, while the other
              co-accused assaulted him by giving kick and "st blows.
              In this regard, the complaint came to be registered.
                    Considering the nature of the injuries and the
              allegations,   the   present    application    deserves
              consideration since a limited role is attributed to the
              present applicants;
              (7) Considering the aforesaid facts, there are no
              circumstances to indicate that the continued
              incarceration or detention of the present applicants is
              necessary.


[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



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   R/CR.MA/15278/2026                             ORDER DATED: 11/08/2026




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 applicants in the FIR,
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 applicants on regular bail. Hence, the present
application is allowed. The applicants are ordered to be released on
regular        bail     in    connection      with       FIR         being
C.R.No.11204046260404 of 2026 registered with Nadiad
Town Police Station, Kheda on executing a personal bond of
Rs.25,000/- (Rupees Twenty-"ve Thousand only) each 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 a month till "ling of the charge-sheet 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
              address and present address of his residence to the


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        R/CR.MA/15278/2026                                                         ORDER DATED: 11/08/2026




                      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 enter Nadiad Town till 9ling of the charge-
                      sheet, except for marking presence and/or
                      attending the court proceedings;


  [9.0] The authorities will release the applicants only if 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 inHuenced by the
  observations of preliminary nature qua the evidence at this stage
  made by this Court while enlarging the applicants 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 11/08/2026 16:47:31




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