High Court of Gujarat
KIRANBHAI GHANSHYAMBHAI BHATIAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that, given the completed investigation, lack of risk of tampering or absconding, and the prevailing bail jurisprudence, regular bail must be granted to the applicant.
Summary
The applicant, Kiranbhai G. Bhatia, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR under the Gujarat Prohibition Act alleging contraband found at his residence. The State opposed the bail, arguing the applicant's conduct warranted continued detention. The Court examined the principles governing bail, including the nature of the accusation, risk of witness tampering, likelihood of absconding, and the applicant's character, noting that the investigation was essentially complete and no further evidence could be recovered. Citing Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor), the Court emphasized that bail is the rule and pre‑trial detention amounts to a conviction. Finding no substantial reason to deny liberty and considering the applicant's presumed innocence, the Court granted regular bail with a personal bond and specific conditions. The order also directed that any breach of conditions could lead to cancellation of bail.
Issues considered
- Whether regular bail can be granted under Section 483 of the BNSS before the filing of a charge‑sheet in a case under the Gujarat Prohibition Act
- Whether the facts and circumstances, including the completion of investigation and risk of tampering or absconding, justify the grant of bail
Legislation cited
Subjects
regular bailSection 483 BNSSGujarat Prohibition Actpre‑charge‑sheet bailpersonal libertyArticle 21bail jurisprudenceconditions of bail
Judgment
R/CR.MA/18008/2026 ORDER DATED: 05/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 18008 of 2026
==========================================================
KIRANBHAI GHANSHYAMBHAI BHATIA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR TANMAY B KARIA(6833) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/08/2026
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.11191006260169 of 2026 registered with Bodakdev
Police Station, Ahmedabad City, for the o.ence under the
provisions of The Gujarat Prohibition Act.
[3.0] Learned advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated
in the o.ence. Substantial part of investigation is over. He
therefore submits that, considering the nature of the o.ence, the
applicants may be enlarged on regular bail by imposing suitable
conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
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R/CR.MA/18008/2026 ORDER DATED: 05/08/2026
opposed the present application and submitted that considering the
conduct of the applicant, application does not deserve any
consideration.
[5.0] While granting bail, the Court has to consider the
involvement of the accused in the alleged o.ence, 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.
Allegation against the present applicant is that from the house of
the present applicant, alleged contraband was found. Following
aspects have been considered:
(1) Investigation is almost over;
(2) Applicant is behind the bar since 29/06/2026;
(3) There is nothing to be recovered or discovered from the
applicant;
(4) Though the applicant is having past antecedent, he is
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R/CR.MA/18008/2026 ORDER DATED: 05/08/2026
presumed to be innocent till proven guilty;
(5) Obviously commencement and conclusion of trial will take
its own time;
(6) Prosecution has failed to point out the circumstances to
continue or prolong his detention.
[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.11191006260169 of 2026 registered with Bodakdev
Police Station, Ahmedabad City, on executing a personal bond
of Rs.25,000/- (Rupees Twenty- ve 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;
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R/CR.MA/18008/2026 ORDER DATED: 05/08/2026
(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 ling of the charge-sheet and after ling of the
charge-sheet, 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 O.icer 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 o.ence 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
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R/CR.MA/18008/2026 ORDER DATED: 05/08/2026
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 inEuenced 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)
ILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 05/08/2026 14:26:09
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