DHARMESHSINH @ DHARMESH SADHUSINH PATELversusSTATE OF GUJARAT

   R/CR.MA/14584/2026                                ORDER DATED: 30/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 14584 of 2026
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           DHARMESHSINH @ DHARMESH SADHUSINH PATEL
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR. FAIJAN. H. MEMON(14630) 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 : 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. 11210023260418 of 2026 registered
with Khatodara Police Station, Surat, for the offences under Sections
316(5) and 54 of BNS.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Investigation is over and chargesheet 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
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 by winning over the trust of
the complainant received goods (saree) worth of Rs.14,77,350/- and after
receiving the goods, did not make the payment and thereby, committed
offence of criminal breach of trust. Therefore, present application does not
deserve consideration.


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   R/CR.MA/14584/2026                                   ORDER DATED: 30/06/2026




[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 24.03.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicant;
      (4)     Offence is triable by JMFC Court;
      (5)     No past antecedent ;.
      (6)     Obviously commencement and conclusion of trial will take
              its own time.
      (7)     Allegation against the applicant is that after receiving the
              goods from the complainant, the applicant did not make the
              payment. In this regard, FIR came to be lodged.

[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



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    R/CR.MA/14584/2026                                  ORDER DATED: 30/06/2026




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 being C.R. No.
11210023260418 of 2026 registered with Khatodara 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
           p.m.;
   (f)     furnish the Aadhaar card, email ID/present address of his



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          R/CR.MA/14584/2026                                                       ORDER DATED: 30/06/2026




                   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 30/06/2026 14:36:49

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