High Court of Gujarat

SAURABHBHAI DIPAKKUMAR THAKORversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The Court held that, on a prima facie basis, the applicant is entitled to regular bail under Section 483 of the BNSS, subject to the stipulated conditions.

Summary

The High Court of Gujarat considered a regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Saurabhbhai Dipakkumar Thakor, who was accused of criminal breach of trust for misappropriating Rs.600,200 under Sections 316(2) and 316(5) of the same Act. The applicant claimed innocence, no prior record, and that the investigation was substantially complete with no further recovery required. The State opposed bail, arguing the seriousness of the offence and that the charge‑sheet had not yet been filed. After evaluating factors such as the nature of the offence, the applicant’s character, and precedents from Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, the Court found a prima facie case for bail. It ordered the applicant released on regular bail upon execution of a Rs.25,000 personal bond with one surety and imposed standard conditions, noting that the trial court should not be influenced by the preliminary observations made herein.

Issues considered

Whether regular bail can be granted under Section 483 BNSS before the filing of a charge‑sheet for offences under Sections 316(2) and 316(5) BNSS.
Whether the nature of the alleged criminal breach of trust and the applicant’s lack of antecedents justify the grant of bail.
Whether the principles laid down in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor are applicable to the present bail application.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 316(2), s. 316(5), s. 483

Subjects

regular bailcriminal breach of trustBharatiya Nagarik Suraksha SanhitaSection 483Section 316pre‑trial detentionpersonal libertyArticle 21

Judgment

    R/CR.MA/18364/2026                                ORDER DATED: 07/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 18364 of 2026
==========================================================
                     SAURABHBHAI DIPAKKUMAR THAKOR
                                  Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR. ROHAN J SIDDHAPURA(17568) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 07/08/2026

                                  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. 11210025262894 of 2026 registered
with Limbayat Police Station, Surat City, for the o1ences under Sections
316(2) and 316(5) of the BNS.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the o1ence.
Substantial part of investigation is over. Nothing is required to be recovered
or discovered. The applicant has no past antecedent. 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. Chargesheet is yet to be "led.
Therefore, present application does not deserve consideration.




                                  Page 1 of 4
   R/CR.MA/18364/2026                                      ORDER DATED: 07/08/2026




[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 is over;
      (2)     None of the o1ence alleged is punishable with life sentence or
              death penalty ;
      (3)     Applicant is behind the bar since 18.06.2026;
      (4)     There is nothing to be recovered or discovered from the
              applicant;
      (5)     No past antecedent.
      (6)     O1ence is triable by JMFC Court.
      (7)     Obviously commencement and conclusion of trial will take
              its own time.
      (8)     Allegation against the applicant is that, being the employee of
              the complainant company, the applicant has misappropriated
              the amount of Rs.600,200/- which was given to him for
              payment of stamp duty as the complainant is doing real estate



                                    Page 2 of 4
    R/CR.MA/18364/2026                                  ORDER DATED: 07/08/2026




               work. In this regard, FIR came to be lodged for the o1ence of
               criminal breach of trust.


[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.
11210025262894 of 2026 registered with Limbayat Police Station, Surat
City on executing a personal bond of Rs.25,000/- (Rupees Twenty-"ve
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



                                    Page 3 of 4
    R/CR.MA/18364/2026                                                       ORDER DATED: 07/08/2026




            Court concerned;
   (e)      mark presence before the concerned Police Station once in a week
            till "ling of the chargesheet and after "ling of the chargesheet,
            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 OGcer 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 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
and/or relax any of the above conditions, in accordance with law.

[11.0] At the trial, the trial Court shall not be inIuenced 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)
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 07/08/2026 14:25:28
                                                    Page 4 of 4

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