High Court of Gujarat
ASHIVINBHAI LAXMANBHAI NAYAKversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that regular bail should be granted to the petitioners, subject to a personal bond and specified conditions.
Summary
The petitioners, Ashivinbhai Laxmanbhai Nayak and others, were arrested on 1 June 2026 for allegedly hunting a protected leopard using clutch wire, violating Sections 26(1)(D) and 26(1)(I) of the Indian Forest Act, 1927 and multiple provisions of the Wildlife Protection Act, 1972. They filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming innocence and no prior criminal record, while the State opposed bail citing the seriousness of the offence. The Court examined standard bail factors, noted that the investigation was substantially complete, the accused had no antecedents, and that continued detention would amount to pre‑trial punishment. Relying on Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor), the Court emphasized the principle that bail is the rule and jail the exception, and that personal liberty is protected under Article 21. Consequently, the Court granted regular bail on a personal bond of Rs.25,000 with a surety and imposed several conditions on the petitioners.
Issues considered
- Whether bail can be granted under Section 483 of the BNSS, 2023 for offences under the Indian Forest Act and Wildlife Protection Act before the filing of a chargesheet.
- Whether the nature and severity of the wildlife offence justify denial of bail.
- Whether the petitioners' lack of prior antecedents and the status of the investigation warrant the grant of bail.
- How Supreme Court precedents on pre‑trial detention and bail jurisprudence apply to the present case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 483
- Indian Forest Act, 1927s. 26(1)(D), s. 26(1)(I)
- Wildlife (Protection) Act, 1972s. 2(15), s. 2(16), s. 2(16)(A), s. 2(16)(B), s. 2(32), s. 39, s. 51(1), s. 9
Subjects
bailpre‑trial detentionwildlife protectionforest offencespersonal libertySection 483 BNSSIndian Forest ActWildlife Protection ActSupreme Court precedent
Judgment
R/CR.MA/14809/2026 ORDER DATED: 29/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 14809 of 2026
==============================================
ASHIVINBHAI LAXMANBHAI NAYAK & ORS.
Versus
STATE OF GUJARAT
==============================================
Appearance:
MR BHAVESH J PATEL(6801) for the Applicant(s) No. 1,2,3
MR JAY MEHTA, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 29/07/2026
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 Forest Offence Report No.11/2026-27
registered with The Range Forest Officer, Lunawada , for the
offence under Sections 26(1)(D) and 26(1)(I) of the Indian Forest
Act, 1927 and Sections 2(15), 2(16), 2(16)(A), 2(16)(B), 9, 39,
51(1) and 2(32) of the Wildlife Protection Act, 1972.
3) Learned advocate appearing on behalf of the applicants submits
that applicants are innocent and have been falsely implicated in the
offence. Substantial part of investigation is over. He therefore
submits that, considering the nature of the offence, the applicants
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 submitted that, the applicants
are involved in serious offence and have played active role in the
commission of the present offence. Considering the conduct of the
applicants, application does not deserve any 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
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R/CR.MA/14809/2026 ORDER DATED: 29/07/2026
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) The allegations against the applicants are that they using
clutch wire hunted one leopard and remains of the
leopards are found. The leopard is a protected species.
(2) Applicants are behind the bar since 01.06.2026;
(3) The applicants have no past antecedents.;
(4) Substantial part of investigation is over;
(5) There is nothing to be recovered or discovered from the
applicants;
(6) Considered quantum of punishment.;
(7) 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
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
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R/CR.MA/14809/2026 ORDER DATED: 29/07/2026
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 applicants are ordered to be released on regular bail
in connection with Forest Offence Report No.11/2026-27
registered with The Range Forest Officer, Lunawada on
executing a personal bond of Rs.25,000/- (Rupees Twenty-five
Thousand only) each with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
they;
(a) shall not take undue advantage of liberty or misuse
liberty;
(b) shall 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) shall surrender passport, if any, to the Trial Court within a
week;
(d) shall not leave the territory of the State of Gujarat without
prior permission of the Trial Court concerned;
(e) shall 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) shall furnish the copy of Aadhar card, email ID /
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R/CR.MA/14809/2026 ORDER DATED: 29/07/2026
permanent and 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 his residence,
contact number / SIM Card without prior permission of
Trial Court;
(g) shall not to enter Lunawada Range Forest Area for a
period of six months except for marking presence
before the concerned police station and/or for
attending Court;
(h) if the applicants are found to be indulged in any illegal
activities in future, the trial Court concerned will be free to
issue warrant and cancel the bail granted to the applicant.
9) The authorities will release the applicants only if they are 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 ONE, at High Court of Gujarat on 29/07/2026 18:27:58
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