DARSHAN MAHENDRABHAI PANCHALversusSTATE OF GUJARAT

    R/CR.MA/18093/2026                                  ORDER DATED: 05/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 18093 of 2026
==========================================================
              DARSHAN MAHENDRABHAI PANCHAL
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR MITESH AMIN, SR. ADVOCATE with MR KEYUR GANDHI, MR RAHEEL PATEL, MS
NANDITA SUROLLIA and JILL MEHTA for GANDHI LAW ASSOCIATES(12275) 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 8led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection
with FIR being C.R. No.11191006260158 of 2026 registered with Bodakdev
Police Station, Ahmedabad City for the oBences punishable under Sections
316(2), 316(5), 318(4) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short
“BNS”).

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

[5.0]   While granting bail, the Court has to consider the involvement of the
accused in the alleged oBence, the jurisdiction to grant bail has to be exercised


                                    Page 1 of 4
      R/CR.MA/18093/2026                                   ORDER DATED: 05/08/2026




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 applicant herein was the employee of one M/s. Growing Globe
          Immigration Inc. and working as Manager. Coincidentally, it was run by
          sister in law of the present applicant and applicant was neither the
          Director nor promoter of the said company / 8rm and had resigned
          from the said employment on 27.03.2025 and last working day of the
          applicant was 05.04.2025. It is alleged that applicant received
          Rs.11,000/- towards Visa fee which is already deposited with the
          authority and even otherwise, now substantial part of investigation is
          over;

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

(3)       Applicant is behind the bars since 11.07.2026;

(4)       There is nothing to be recovered or discovered from the applicant;
(5)       Though the applicant is having one past antecedent, he is presumed to
          be innocent till proven guilty;

(6)       Obviously commencement and conclusion of trial will take some time;


                                      Page 2 of 4
      R/CR.MA/18093/2026                                      ORDER DATED: 05/08/2026




(7)           Co-accused similarly situated, who were also employee of said 8rm /
              company are enlarged on regular bail by the learned Sessions Judge
              and therefore, on the ground of parity also (Rameshbhai Batubhai Dhabi
              Vs. State of Gujarat reported in 2011 (3) GLR 1999), 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 8t 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.11191006260158 of 2026
registered with Bodakdev Police Station, Ahmedabad City on executing a
personal bond of Rs.25,000/- (Rupees Twenty-8ve Thousand only) with ONE
LOCAL SURETY / one 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;



                                         Page 3 of 4
    R/CR.MA/18093/2026                                                           ORDER DATED: 05/08/2026




        (d)    not leave the territory of State of Gujarat without prior
               permission of the Trial Court concerned;

        (e)    mark presence before the concerned Police Station once in a
               week till Aling of the chargesheet and after Aling of the
               chargesheet, mark presence before the concerned police station
               once in a month for a period of six months;

        (f)    furnish the copy of Aadhaar card, email ID/contact number /
               permanent and present address of his residence to the
               Investigating OLcer 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 oBence 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 05/08/2026 14:23:49




                                                  Page 4 of 4