ROHIT RAMESHBHAI BARIYAversusSTATE OF GUJARAT

   R/CR.MA/14558/2026                               ORDER DATED: 30/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 14558 of 2026

==========================================================
                        ROHIT RAMESHBHAI BARIYA
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR. NIPUL H GONDALIA(6894) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 30/06/2026

                                   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.11186009260027 of 2026 registered with Veraval
Police     Station,     District    Gir-Somnath,        for   the   offences
punishable under Sections 111(2)(b), 111(3), 111(4) of BNS, 2023
as well as the offences punishable under Sections 65(e) and 81 of
the Gujarat Prohibition Act.


[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Even otherwise, investigation is over and
charge-sheet has been filed. Nothing is required to be recovered or
discovered. He, therefore submits that, considering the nature of
the offence, the applicant may be enlarged on regular bail by



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imposing suitable conditions.


[4.0] Learned APP appearing on behalf of the respondent-State and
learned advocate for the original complainant 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 serious offence and considering the gravity of offence, no
case is made out to entertain present bail application.                  The
applicant is having past antecedents including offence punishable
under the provisions of GUJCTOC Act. If the applicant is released
on bail, possibility cannot be ruled out that the applicant will flee
from justice. 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



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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 23/03/2026;
      (3)     There is nothing to be recovered or discovered from the
      applicant;
      (4)     Triable by the JMFC;
      (5)     Though the applicant is having past antecedents, he is
      presumed to be innocent till proven guilty;.
      (6)     Obviously commencement and conclusion of trial will
      take its own time;
      (7)     Prosecution has failed to point out the circumstances to
      continue or prolong his incarceration;


[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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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.11186009260027 of 2026 registered with Veraval
Police Station, District Gir-Somnath, on executing a personal
bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one
local 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 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.
   (h)    not to enter into District Gir-Somnath for a period of
          six months except for marking presence before the
          concerned police station and/or for attending Court;

[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.


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      R/CR.MA/14558/2026                                                         ORDER DATED: 30/06/2026




[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 30/06/2026 15:54:11




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