High Court of Gujarat

DIXIT DEVRAJBHAI GOHILversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The court held that, given the completed investigation, the non‑capital nature of the offences and the applicant’s clean record, bail should be granted subject to conditions.

Summary

The applicant, a hotel receptionist, was arrested on 14 May 2026 in connection with an FIR alleging offences under the Immoral Traffic (Prevention) Act and sections 144(2) and 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He filed a regular bail application under Section 483 of the BNSS, claiming innocence and no prior criminal record. The State opposed bail, arguing the seriousness of the charges, the pending chargesheet, and a risk of flight or evidence tampering. The High Court examined the completed investigation, the non‑capital nature of the offences, the applicant’s clean antecedents, and the principle that bail is the rule and jail the exception. Relying on Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor) and Article 21, the Court concluded that pre‑trial detention would amount to a de facto conviction. Consequently, the Court granted regular bail with a personal bond and several conditions.

Issues considered

Whether regular bail can be granted before the filing of a chargesheet for offences under the Immoral Traffic (Prevention) Act and BNSS 2023.
Whether the nature of the alleged offences and the risk of flight or evidence tampering justify denial of bail.
Whether the applicant’s clean record and the completion of substantial investigation warrant bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023s. 144(2), s. 483, s. 54
Immoral Traffic (Prevention) Acts. 3, s. 4, s. 5, s. 7

Subjects

regular bailpre‑trial detentionBharatiya Nagarik Suraksha SanhitaImmoral Traffic (Prevention) ActSection 483personal libertyArticle 21

Judgment

   R/CR.MA/13426/2026                                    ORDER DATED: 18/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 13426 of 2026

==========================================================
                             DIXIT DEVRAJBHAI GOHIL
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 18/06/2026

                                    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        Part-B
C.R.No.11210065260609               of    2026      registered    with      Utran
Police Station, Surat, for the offences under Sections 3, 4, 5, 7 of
the Immoral Traffic (Prevention) Act as well as Sections 144(2) and
54 of the BNS, 2023.


[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Present applicant is receptionist of
the hotel concerned with the offence alleged. The applicant is
arrested on 14/05/2026. Substantial part of investigation is over.
Nothing is required to be recovered or discovered. The applicant
has no past antecedent. He therefore submits that, considering the



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   R/CR.MA/13426/2026                              ORDER DATED: 18/06/2026




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 requested to dismiss the
present application for regular bail on the ground that the
applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to entertain
present bail application. Chargesheet is yet to be filed. Further, if
he is released on bail, possibility cannot be ruled out that the
applicant will flee from justice and tamper with the evidence.
Therefore, present application does not deserve 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



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   R/CR.MA/13426/2026                              ORDER DATED: 18/06/2026




aspects have been considered:


      (1)     Substantial part of investigation is over;
      (2)     None of the offence alleged is punishable with life
      sentence or death penalty;
      (3)     Applicant is behind the bar since 14/05/2026;
      (4)     There is nothing to be recovered or discovered from the
              applicant;
      (5)     No past antecedent.
      (6)     Offence is triable by JMFC Court.
      (7)     Obviously commencement and conclusion of trial will
      take its own time.
      (8)     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



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   R/CR.MA/13426/2026                                             ORDER DATED: 18/06/2026




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        Part-B
C.R.No.11210065260609                  of    2026       registered         with      Utran
Police    Station,           Surat,    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/she 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;
   (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.



                                        Page 4 of 5
      R/CR.MA/13426/2026                                                          ORDER DATED: 18/06/2026




[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)
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 18/06/2026 15:36:06




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