HARSH SHAILESHBHAI PARMAR (NAME AS PER SESSION COURT ORDER)versusSTATE OF GUJARAT

      R/CR.MA/13741/2026                               ORDER DATED: 19/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 13741 of 2026

==============================================
HARSH SHAILESHBHAI PARMAR (NAME AS PER SESSION COURT ORDER)
                               Versus
                       STATE OF GUJARAT
==============================================
Appearance:
MR HUSSAIN M HERANJA(10683) for the Applicant(s) No. 1
SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
==============================================

     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 19/06/2026

                                    ORDER

1)       RULE. Learned APP waives service of rule for the respondent-State.
2)       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.11208051250881 of 2025
         registered with B-Division Police Station, Rajkot City           for the
         offences under Sections 109(1), 115(2), 352 and 54 of the
         Bharatiya Nyaya Sanhita and under Section 135 of the GP Act.
3)       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.
         Investigation is over and charge-sheet has been filed. The applicant
         has no past antecedents. He therefore submits that, considering
         the nature of the offence, the applicant may be enlarged on regular
         bail by imposing suitable conditions.
4)       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 involved in the present offence and played an active role by


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     R/CR.MA/13741/2026                                            ORDER DATED: 19/06/2026




        inflicting five knife blows to the victim. There is every possibility
        that, if the applicant is released on bail, he will indulge in similar
        offences and try to tamper with the evidence. Therefore, present
        application does not deserve consideration.
5)      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)      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 bars since 23.10.2025;
                (3)       There is nothing to be recovered or discovered from
                          the applicant;
                (4)       The applicant has no past antecedents;
                (5)       The victim is discharged from the Hospital and is out of
                          danger;
                (6)       Obviously commencement and conclusion of trial will
                          take some time.
7)      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



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     R/CR.MA/13741/2026                                     ORDER DATED: 19/06/2026




        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)      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.11208051250881 of 2025
        registered with B-Division Police Station, Rajkot City 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 every month for a period of six months



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      R/CR.MA/13741/2026                                                               ORDER DATED: 19/06/2026




                               between 11.00 a.m. and 2.00 p.m.;
                     (f)       furnish the 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;
                     (g)       not to enter Rajkot City for a period of six months
                               except            for       marking             presence              before           the
                               concerned police station and/or for attending
                               Court;
                     (h)       not to indulge in any illegal activity failing which
                               learned trial Court shall issue warrant and cancel the
                               bail of the applicant.


9)         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)        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)        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)        Rule is made absolute to the aforesaid extent. Direct service is
           permitted.




                                                                              (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 19/06/2026 15:28:58




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