RAJNIKANTBHAI RAJUBHAI VASAVAversusSTATE OF GUJARAT

    R/CR.MA/17679/2026                               ORDER DATED: 12/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 17679 of 2026
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                         RANJIKANTBHAI RAJUBHAI VASAVA
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 12/08/2026

                                    ORDER

[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. 11199059260214 of 2026 registered
with Jhagadia GIDC Police Station, Bharuch for the o1ences under
Sections 117(3), 115(2), 352, 351(3) and 54 of the Bhartiya Nyaya Sanhita,
2023.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the o1ence.
Nothing is required to be recovered or discovered. He therefore submits
that, considering the nature of the o1ence, 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 on the ground that the applicant is very much involved in the
present o1ence and considering the gravity of o1ence, no case is made out
to entertain present bail application. Therefore, present application does
not deserve consideration.




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   R/CR.MA/17679/2026                                  ORDER DATED: 12/08/2026




[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged o1ence, 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 as well as remand period is
      over;
      (2)     Applicant is behind the bar since 29.06.2026;
      (3)     There is nothing to be recovered or discovered from the
      applicant;
      (4)      It is alleged that an accident took place at a company situated
      at Jhagadia GIDC, wherein one employee/worker lost his life and
      others sustained injuries. However, no o1ence was reported by the
      Company, and the applicant allegedly went to the Company to
      negotiate with the owner of the Company along with the family
      members of the deceased/injured persons. At that time, the Security
      Guard did not allow him to enter the Company premises.
      Subsequently, he climbed over the wall and trespassed into the
      premises. In this regard, a complaint for trespass was registered
      against him, and the police also registered another complaint against



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    R/CR.MA/17679/2026                                  ORDER DATED: 12/08/2026




       him under Section 186 of the BNS.
       (5)     Prosecution has failed to point out the circumstances to
       continue or prolong his incarceration;
       (6)     Obviously commencement and conclusion of trial will take its
       own time.
       (7)     case is triable by the JMFC;
       (8)     The applicant has eight past criminal antecedents. In one
       o1ence of a similar nature, he has been acquitted by this Court.
       However, the accused is entitled to the presumption of innocence
       unless and until proven guilty.
       (9)     Considering the personal liberty, the present application
       deserves consideration;

[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
"t 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.
11199059260214 of 2026 registered with Jhagadia GIDC Police Station,
Bharuch, on executing a personal bond of Rs.25,000/- (Rupees Twenty-"ve



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    R/CR.MA/17679/2026                                  ORDER DATED: 12/08/2026




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 every
           month for a period of six months between 11.00 a.m. and 2.00
           p.m.;
   (f)     furnish the Aadhaar card, email ID/present address of his
           residence to the Investigating OIcer 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.
   (h)     not to enter into area of Jhagadia Police Station, Bharuch GIDC
           and Dholgam Village till the charge-sheet is 8led except for
           marking presence before the concerned police station and/or
           for attending Court proceedings;


[9.0] The authorities will release the applicant only if he is not required in
connection with any other o1ence 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



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       R/CR.MA/17679/2026                                                ORDER DATED: 12/08/2026




 and/or relax any of the above conditions, in accordance with law.

 [11.0] At the trial, the trial Court shall not be inJuenced 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)
 KUMAR ALOK12 pt

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 12/08/2026 18:09:43




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