GAUTAMBHAI NAROTTAMBHAI VALAversusSTATE OF GUJARAT

       R/CR.MA/15866/2026                              ORDER DATED: 13/07/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 15866 of 2026
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            GAUTAMBHAI NAROTTAMBHAI VALA & ANR.
                              Versus
                       STATE OF GUJARAT
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Appearance:
MR KALPESH M PANDIT for MR JA JAMBUKIYA(13953) for the applicants
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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  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.11211010260161 of 2026 registered with
Chuda Police Station, District Surendranagar for the offences punishable
under Sections 115(2), 117(2), 117(3), 118(2), 324(5), 352 and 54 of the
Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and section 135 of the G.P.
Act.

[3.0] Learned advocate appearing on behalf of the applicants submits that
applicants are innocent and have been falsely implicated in the offence and
now nothing is required to be recovered or discovered. He therefore
submits that, considering the nature of the offence, the applicants 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.



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[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)       The allegation is that incident took place when the complainant
          asked the applicant No.1 to take his motorcycle on side pursuant to
          which applicant No.1 made abuses to the complainant and
          thereafter the complainant slapped the applicant No.1 and
          subsequently applicants herein assaulted the complainant and
          witness and in this regard cross-complaint is also filed however, now
          the injured are out of danger and discharged from the hospital and
          even otherwise, substantial part of investigation is over;

(2)       None of the offence alleged is punishable with life sentence or
          death penalty;

(3)       Applicant No.1 is behind the bars since 23.06.2026 and applicant
          No.2 since 24.06.2026;

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



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(5)          The applicants are 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 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 fit
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.11211010260161 of 2026 registered with Chuda Police Station,
District Surendranagar on executing a personal bond of Rs.25,000/-
(Rupees Twenty-five Thousand only) each with one surety of the like
amount to the satisfaction of the trial Court and subject to the conditions
that they 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;



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    R/CR.MA/15866/2026                                                            ORDER DATED: 13/07/2026




    (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 they are having the passport), E-mail address and present
                address of their 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
                applicants;

    (i)         not to enter Taluka Chuda for a period of SIX MONTHS except
                for marking presence before the concerned police station
                and/or for attending the court proceedings.

[9.0] The authorities will release the applicants only if they are 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 applicants on bail.

[12.0]             Rule is made absolute to the aforesaid extent. Direct service is
permitted.



                                                                       (HASMUKH D. SUTHAR, J.)
Ajay
         Original copy of this order has been signed by the Hon'ble Judge.
         Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/07/2026 14:58:30



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