FAIZAL ANSAR KAPADIAversusSTATE OF GUJARAT

    R/CR.MA/9475/2026                           ORDER DATED: 16/06/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 9475 of 2026
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                     FAIZAL ANSAR KAPADIA
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR JA ADESHRA(107) for the Respondent(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                          Date : 16/06/2026
                              ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-
State.

[2.0] The present application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular bail in connection with FIR being C.R. No.11822015250539 of
2025 registered with Jalalpore Police Station, District Navsari for
the offences punishable under Sections 386, 506(2), 507, 120(B) and
34 of the Indian Penal Code, 1860 (for short “IPC”) and sections 25(1-
B)(A) and 25(1)(A) of the Arms Act and section 135 of the Gujarat
Police Act.

[3.0] Learned advocate appearing on behalf of the applicant submits
that applicant is innocent and has been falsely implicated in the
offence and now nothing is required to be recovered or discovered.
He therefore submits that, considering the nature of the offence, the
applicant may be enlarged on regular bail by imposing suitable


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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
offence.

[5.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged offence, 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)       The allegation against the applicant is that he had given the tip
          to the other accused however, bare words, no material
          collected by the Investigating Officer however, now the
          investigation is over and charge-sheet is filed;

(2)       The co-accused Harmitsingh Premsingh Sardar @ Sherabhai


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          and     Mahendrasinh   Bahadursinh    Labana     against      whom
          allegation of administering threat are made have been
          considered by the Hon’ble Supreme Court in the proceedings
          of Petition for Special Leave to Appeal (Cri.) Nos.3293/2026
          and 5450/2026 vide orders dated 20.03.2026 and 27.04.2026
          respectively and hence, applicant is entitled to get the benefit
          of parity in view of decision in the case of Ramesh Batukbhai
          Dabhi vs. State of Gujarat reported in 2011 (3) GLR 1150;
(3)       Applicant is behind the bars since 22.06.2025;

(4)       There is nothing to be recovered or discovered from the
          applicant;

(5)       So far as apprehension of learned APP that applicant will
          indulge in similar type of activity as he is having past
          antecedent is concerned, same can be taken care of by putting
          stringent condition;

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


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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 fit 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.11822015250539 of 2025
registered with Jalalpore Police Station, District Navsari on
executing a personal bond of Rs.25,000/- (Rupees Twenty-five
Thousand only) with 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;

    (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 month for a period of six months between 11.00 a.m. and
            2.00 p.m.;

    (f)     furnish the UIDAI Number, Contact Number/s, Passport
            Number (if he is having the passport), E-mail address and
            present address of his residence to the Investigating Officer
            and also to the Court at the time of execution of the bond
            and shall not change the residence without prior permission
            of Trial Court;

    (h)     not to indulge in any illegal activity or any similar type of


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               offence failing which concerned Investigating Officer shall
               have liberty to file an application for cancellation of bail
               against the present applicant;

     (i)       not to enter District Navsari for a period of SIX MONTHS
               except for marking presence before the concerned police
               station and/or for attending Court proceedings.


[9.0] The authorities will release the applicant only if he is not
required in connection with any other offence 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 influenced 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 16/06/2026 15:05:46




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