SOHIL @ MACHO S/O RIJVANBHAI CHANDBHAI DALIGARAversusSTATE OF GUJARAT

   R/CR.MA/16064/2026                             ORDER DATED: 16/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 16064 of 2026

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         SOHIL @ MACHO S/O RIJVANBHAI CHANDBHAI DALIGARA
                               Versus
                        STATE OF GUJARAT
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Appearance:
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 16/07/2026

                                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. 11191066260076 of
2026 registered with Vasna Police Station, Ahmedabad, for the
offences under Sections 305(a), 331(1) and 331(4) 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. Investigation is almost overAllegation made in the FIR is that,
known persons committed theft of cash of Rs.59,200/- from the cash
counter of the shop of the complainant. Muddamal is already
recovered and now nothing is 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.


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   R/CR.MA/16064/2026                              ORDER DATED: 16/07/2026




[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 habitual
offender and has past antecedents and therefore, if he is released on
bail, possibility cannot be ruled out to indulge himself again in such
type of activities. 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)     Investigation is almost over ;
      (2)     Applicant is behind the bar since 13.05.2026;
      (3)     There is nothing to be recovered or discovered from the



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   R/CR.MA/16064/2026                                       ORDER DATED: 16/07/2026




              applicant;
      (4)     None of the offence alleged is punishable with life
              sentence or death penalty ;
      (5)     Obviously commencement and conclusion of trial will take
              its own time.
      (6)     Offence is triable by JMFC Court.
       (7)    The applicant is having two past antecedents and out of
              them, he has been acquitted from one offence and one is
              pending.

[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. 11191066260076 of 2026
registered with Vasna Police Station, Ahmedabad on executing a


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   R/CR.MA/16064/2026                                 ORDER DATED: 16/07/2026




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 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



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     R/CR.MA/16064/2026                                                        ORDER DATED: 16/07/2026




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 16/07/2026 14:31:01




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