BHAGIRATH DHANRAJ GURJARversusSTATE OF GUJARAT

    R/CR.MA/18489/2026                                   ORDER DATED: 11/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 18489 of 2026
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                         BHAGIRATH DHANRAJ GURJAR
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
KRUTARTH K DESAI(9662) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 11/08/2026

                                   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. 11199016260352 of 2026 registered
with Dahej Police Station, Dist. Bharuch, for the o1ences under Sections
305(a), 331(3), 331(4) and 61(2)(a) of 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.
Investigation is over and chargesheet has been "led. Nothing is required to
be recovered or discovered as muddamal is already recovered. The applicant
is not named in the FIR and FIR has been "led against the unknown persons.
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 and co-accused stolen parts of
the machinery total valued at Rs.3,16,83,000/- from the warehouse of the
complainant.      Therefore,   present     application   does      not     deserve
consideration.


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   R/CR.MA/18489/2026                                 ORDER DATED: 11/08/2026




[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)     Investigation is over and chargesheet has been "led;
      (2)     None of the o1ence alleged is punishable with life sentence or
              death penalty ;
      (3)     Applicant is behind the bar since 17.04.2026;
      (4)     Recovery is already made and now there is nothing to be
              further recovered or discovered from the applicant;
      (5)     He is not named in the FIR .
      (6)     O1ence is triable by JMFC Court.
      (7)     Obviously commencement and conclusion of trial will take
              its own 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



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    R/CR.MA/18489/2026                                  ORDER DATED: 11/08/2026




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.
11199016260352 of 2026 registered with Dahej Police Station, Dist.
Bharuch, 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/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 State of Gujarat without prior permission of the Trial
           Court concerned;
   (e)     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;



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            R/CR.MA/18489/2026                                                        ORDER DATED: 11/08/2026




            (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 11/08/2026 14:32:34

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