LALITKUMAR ARUNKUMAR MAVRAversusSTATE OF GUJARAT

    R/CR.MA/13348/2026                                 ORDER DATED: 16/06/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 13348 of 2026

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                  LALITKUMAR ARUNKUMAR MAVRA & ANR.
                                 Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
MR VISHVARAJSINH D VAGHELA(13666) for the Applicant(s) No. 1,2
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. 11198047260468 of 2026 registered
with Sihor Police Station, Bhavnagar, for the offence under Sections
316(2), 316(4), 318(4) and 54 of BNS.

[3.0] Learned advocate appearing on behalf of the applicants submits that
applicants are innocent and have been falsely implicated in the offence.
Substantial part of investigation is over. The applicant No.1 is supervisor and
applicant Nos.3 and 4 are drivers of the truck. Allegation against the
applicants is that at the instance of applicant No.1, applicant Nos.2 and 3
unloaded the grits. He therefore submits that, considering the nature of the
offence, the applicants 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 submitted that, all the applicants in
connivance with each other instead of supplying grits to MKC Company,
supplied it to other company and thereby, committed theft. Considering



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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 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 almost over;
(2)       Applicants are behind the bar since 18.05.2026;
(3)       There is nothing to be recovered or discovered from the applicants;
(4)       There is no possibility to conclude the trial in near future.
(5)       Offence is triable by JMFC Court.
(6)        The applicant No.1 being supervisor received Rs.1,000/- per trip of
          truck and thereby, received total Rs.4,000/- for four trips. Applicant
          Nos.2 and 3 were driving the trucks at the instance of applicant No.1.
(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


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    R/CR.MA/13348/2026                                  ORDER DATED: 16/06/2026




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 applicants 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 applicants on regular bail.
Hence, the present application is allowed. The applicants are ordered to be
released on regular bail in connection with FIR being C.R. No.
11198047260468 of 2026 registered with Sihor Police Station, Bhavnagar,
on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand
only) each with one surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that they 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 filing of the chargesheet and after filing of the chargesheet,
           mark presence before the concerned police station once in a
           month for a period of six months;



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       (f)       furnish the Aadhaar card, email ID/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/
                 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 applicants only if they are 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 applicants 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 16/06/2026 18:43:27


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