BHAVAN GANDHI @BHAVAN PATEL @ BHAVESH GANDHI @ BHAVESH PATELversusSTATE OF GUJARAT

    R/CR.MA/13354/2026                                 ORDER DATED: 09/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 13354 of 2026

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 BHAVAN GANDHI @BHAVAN PATEL S/O MURJI @MULJI @ MURABHAI
                 @ BABU LIRABHAI GANDHI
                          Versus
                   STATE OF GUJARAT
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Appearance:
MR DARSHAN P DAVE(5928) 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 : 09/07/2026

                                   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.11993004230013 of 2023 registered
with Bhachau Police Station, Kachchh East Gandhidham, for the offence
under Sections 65 (a)(e), 98(2), 81 and 116-B of the Prohibition Act.


[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Investigation is over and 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.

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant is
involved in the offene. Hence, the present application does not deserve any
consideration.




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[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)       Applicant is behind the bar since 19.02.2026;
(3)       There is nothing to be recovered or discovered from the applicant;
(4)       conclusion and commencement of trial will take its own time;
(5)       applicant is having 10 past antecedents, in all he is acquitted;


[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


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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 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.11993004230013 of 2023 registered with Bhachau Police Station,
Kachchh East Gandhidham, 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 territory of State of Gujarat without prior permission of
            the concerned learned Sessions Judge;
     (e)    mark presence before the concerned Police Station once in every
            month for a period of six months between 11.00 a.m. to 2.00
            p.m.;
     (f)    furnish the Aadhar 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 enter Kachchh District for six months except for marking
            presence and /or attending the court proceedings;


[9.0] The authorities will release the applicant only if he is not required in


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       R/CR.MA/13354/2026                                                ORDER DATED: 09/07/2026




 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 09/07/2026 18:23:40




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