RAJKUMAR MAHAVIRPRASAD JOSHIversusSTATE OF GUJARAT

 R/CR.MA/17244/2026(GJHC240534402026)                    ORDER DATED: 20/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 17244 of 2026
==========================================================
               RAJKUMAR MAHAVIRPRASAD JOSHI
                             Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR ABDULVAAJID Z SHAIKH(11566) for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                  Date : 20/08/2026
                                        ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is 7led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11210047230285 of 2023 registered with
Udhna Police Station, District Surat for the oAences punishable under
Sections 409, 420 and 120(B) of the Indian Penal Code, 1860 (for short
“IPC”).

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

[5.0] While granting bail, the Court has to consider the involvement of the



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 R/CR.MA/17244/2026(GJHC240534402026)                     ORDER DATED: 20/08/2026




accused in the alleged oAence, 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 role attributed to the applicant is that applicant alongwith other
         co-accused being the Proprietor, owners and administrators of one
         Richi Jo 7rm lured diAerent merchants and purchased grey cloth
         and therefore, did not make the payment for the same however,
         now the investigation is over and charge-sheet is 7led and even
         otherwise, present dispute pertains to commercial transaction;

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

(3)      Applicant is behind the bars since 29.11.2025;

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

(5)      Though the applicant is having past antecedent, he is presumed
         to be innocent till proven guilty and can be considered by
         imposing stringent condition;



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(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 applicant in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a 7t
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.11210047230285 of 2023 registered with Udhna Police Station,
District Surat on executing a personal bond of Rs.25,000/- (Rupees Twenty-
7ve Thousand only) with ONE LOCAL 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 country without prior permission of the Trial
               Court concerned;



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 R/CR.MA/17244/2026(GJHC240534402026)                                                  ORDER DATED: 20/08/2026




       (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 copy of Aadhaar card, email ID/contact number /
                permanent and present address of his residence to the
                Investigating OMcer and also to the Court at the time of
                execution of the bond and shall not change the residence and
                contact number/SIM card 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 oAence 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 inNuenced 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.)
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 20/08/2026 17:14:06




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