MAYURSINH GUMANSINH JADEJAversusSTATE OF GUJARAT

   R/CR.MA/19157/2026                                        ORDER DATED: 18/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 19157 of 2026

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                        MAYURSINH GUMANSINH JADEJA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR. DHYEY M. SHAH(21131) for the Applicant(s) No. 1
MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 18/08/2026

                                     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.11202045260477 of 2026 registered with Panch “A”
Division Police Station, District Jamnagar, 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
applicant 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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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. It is
alleged that the applicant is supplier of the vehicle involved in the
o.ence alleged for transportation of the alleged contraband.
Muddamal is already recorded.                   Following aspects have been
considered:


(1)       Investigation is almost over;
(2)       Applicant is behind the bar since 23/07/2026;
(3)       There is nothing to be recovered or discovered from the
          applicant;



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      R/CR.MA/19157/2026                                     ORDER DATED: 18/08/2026




(4)       Though the applicant is having seven past antecedents, he is
          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.11202045260477 of 2026 registered with Panch “A”
Division Police Station, District Jamnagar, 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



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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;
   (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 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 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.
   (h)    not to enter into Jamnagar District for a period of six
          months except for marking presence before the
          concerned police station and/or for attending Court;


[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



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       R/CR.MA/19157/2026                                                          ORDER DATED: 18/08/2026




 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 inFuenced 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 18/08/2026 14:53:38




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