HITESHBHAI RAGHAVBHAI SOLANKIversusSTATE OF GUJARAT

    R/CR.MA/14546/2026                                           ORDER DATED: 27/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 14546 of 2026
==========================================================
                         HITESHBHAI RAGHAVBHAI SOLANKI
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR H K PATEL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                      Date : 27/07/2026

                                          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
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR No.Part-A11210021260058 of 2026 registered with
Katargam Police Station, Surat for the offences under Sections 103 (1),
189 (2), 189 (4), 191 (2), 191 (3), 190, 238(A), 54 of BNS, 2023 and Section
135 of the Gujarat Police 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 chargesheet has been 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 requested to dismiss the present application for
regular bail on the ground that there are serious allegations against the
applicant    and,        therefore,    present     application    does     not     deserve
consideration.




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   R/CR.MA/14546/2026                                    ORDER DATED: 27/07/2026




[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 13.01.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicant;
      (4)     No past antecedent ;.
      (5)     Co-accused having similarly situated role are enlarged on
              regular bail and therefore, on the ground of parity also
              (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in
              2011      (3)   GLR   1999),    present   application    deserves
              consideration.
      (6)     Obviously commencement and conclusion of trial will take
              its own time. There is no overtact on the part of the applicant.
      (7)     Role of the applicant is that, the applicant was shouting at the
              spot and instigated co-accused in the alleged offence.



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    R/CR.MA/14546/2026                                  ORDER DATED: 27/07/2026




[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 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 No.Part-A11210021260058
of 2026 registered with Katargam 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 every
           month for a period of six months between 11.00 a.m. and 2.00


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      R/CR.MA/14546/2026                                                        ORDER DATED: 27/07/2026




               p.m.;
      (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 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)


 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 27/07/2026 14:36:25




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