ANILBHAI ARVINDBHAI CHUNARA (DEVIPUJAK)versusSTATE OF GUJARAT

    R/CR.MA/16469/2026                                 ORDER DATED: 20/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 16469 of 2026
==========================================================
          ANILBHAI ARVINDBHAI CHUNARA (DEVIPUJAK) & ANR.
                               Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR ISHAN VYAS FOR MR.AKASHKUMAR H PATEL(12877) for the
Applicant(s) No. 1,2
MR USMANGANI MANSURI(3385) for the Applicant(s) No. 1,2
MR ROHAN SHAH, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 20/07/2026

                                   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. 11192029260133 of 2026 registered
with Koth Police Station, Ahmedabad Rural, for the offences under
Sections 309(6), 331(6), 351(3), 61(2), 310(2) and 238 of the BNS.

[3.0] Learned advocate appearing on behalf of the applicants submits that
the applicants are innocent and have been falsely implicated in the offence.
Substantial part of investigation is over. Nothing is required to be recovered
or discovered. The applicants were not named in the FIR but based on
statement of the co-accused, they were apprehended. Allegation against
the accused is that, the accused looted ornaments and cash worth of
Rs.2,10,500/- from the house of the complainant and threatened to kill
them. In this regard, FIR came to be lodged against the unknown persons.
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


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   R/CR.MA/16469/2026                                         ORDER DATED: 20/07/2026




regular bail on the ground that the applicants accused having similar
antecedent     and      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)     Applicants are behind the bar since 16.06.2026;
      (4)     Recovery is already made and now there is nothing to be
              further recovered or discovered from the applicants;
      (5)     they are not named in the FIR .
      (6)     Offence is triable by JMFC Court.
      (7)     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



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    R/CR.MA/16469/2026                                       ORDER DATED: 20/07/2026




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.
11192029260133           of   2026   registered      with   Koth    Police    Station,
Ahmedabad Rural, 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;
   (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;



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        R/CR.MA/16469/2026                                                        ORDER DATED: 20/07/2026




       (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 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)

  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 20/07/2026 16:56:08

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