High Court of Gujarat
JUNEDBHAI JAVEDBHAI JINDANIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that the applicant is entitled to regular bail under Section 483 BNSS, subject to the stipulated conditions.
Summary
The applicant, Junedbhai Javedbhai Jindani, filed a regular bail application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, after a charge‑sheet was filed for offences under Sections 316(2) and 54 of the Bharatiya Nyaya Sanhita, 2023. The State opposed the bail, alleging active participation in the crime. The Court examined the nature of the offences, the fact that none carried life imprisonment or death, the applicant's personal circumstances, and the risk of witness tampering, concluding that pre‑trial detention would amount to a de facto conviction. Relying on Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor), the Court applied the principle that bail is the rule and jail the exception, and granted regular bail on a personal bond of Rs.25,000 with several conditions. The bail order also directed the applicant to surrender his passport, report monthly to the police, and provide personal details to the investigating officer.
Issues considered
- Whether regular bail can be granted under Section 483 BNSS after a charge‑sheet for offences under Sections 316(2) and 54 BNS.
- Whether the nature and severity of the alleged offences justify denial of bail.
- Whether the applicant poses a risk of absconding, tampering with evidence, or threatening witnesses.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023s. 316(2), s. 54
Subjects
regular bailSection 483 BNSSSections 316(2) BNSSection 54 BNSpre‑trial detentionpersonal libertyArticle 21bail jurisprudenceGujarat
Judgment
R/CR.MA/12719/2026 ORDER DATED: 09/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12719 of 2026
==========================================================
JUNEDBHAI JAVEDBHAI JINDANI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 09/06/2026
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 Nagrik Suraksha Sanhita, 2023 (for short "BNSS") for
regular bail in connection with FIR being C.R. No.
11211056260157 of 2026, registered with Surendranagar City
'B' Division Police Station, Surendranagar, for offences
punishable under Sections 316(2) and 54 of the Bharatiya Nyaya
Sanhita, 2023 (for short "BNS").
[3.0] Learned advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated
in the offence. Commencement of trial will take its own time.
Charge-sheet is filed. He therefore submits that, considering the
nature of the offence, the applicant may be enlarged on regular
bail by imposing suitable conditions on the ground of parity.
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R/CR.MA/12719/2026 ORDER DATED: 09/06/2026
[4.0] Learned APP appearing on behalf of the respondent-State
has opposed the present application and submitted that
applicant is actively participated in the offence. Hence, he has
requested to dismiss the present application for regular bail.
[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) Investigation is over and charge-sheet is filed.
(2) None of the offence alleged is punishable with life
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R/CR.MA/12719/2026 ORDER DATED: 09/06/2026
sentence or death penalty;
(3) Applicant is arrested on 17.04.2026;
(4) commencement of trail will take its own time;
(5) There is nothing to be recovered or discovered from the
applicant;
(6) The present applicant was working in the RBSG Capital
Finance Company as a sales executive. It is alleged that he
has received the installments towards the loan from the
customers and against the sanctioned loan, he has
received the installments from the three customers in
total of Rs.63,774/-, which came to be used for his
personal gain and he did not deposit the same with the
Company, except this no role is attributed to him;
(7) case is triable by the JMFC;
[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.
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R/CR.MA/12719/2026 ORDER DATED: 09/06/2026
[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 FIR being
C.R. No. 11211056260157 of 2026, registered with
Surendranagar City 'B' Division Police Station, Surendranagar,
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
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R/CR.MA/12719/2026 ORDER DATED: 09/06/2026
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 address as well as contact number without
prior permission of Trial Court;
[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)
KUMAR ALOK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 09/06/2026 15:39:15
Page 5 of 5
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