KISMATJI @ KISMATSINH S/O BALAJI KALAJI MAKWANA(PARMAR)versusSTATE OF GUJARAT

   R/CR.MA/15944/2026                               ORDER DATED: 14/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 15944 of 2026
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  KISMATJI @ KISMATSINH S/O BALAJI KALAJI MAKWANA(PARMAR)
                            Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR MAULIK S SHETH, (3586) for the Applicant(s) No. 1
MR UMANG S SHETH(7533) for the Applicant(s) No. 1
MS TISHA SHETH for the Applicant(s) No.1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 14/07/2026

                                 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         being
C.R.No.11209041260132 of 2026 registered with Prantij
Police Station, Sabarkantha, for the offences under Sections
123, 125, 274, 275, 336(2), 336(3), 340(2) and 54 of BNS and
Section 59 of the Food Safety and Standards Act, 2006.


[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. The
applicant has no past antecedent. Co-accused are granted bail by
this Court and on the ground of parity also, applicant may be
enlarged on bail. He therefore submits that, considering the nature


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   R/CR.MA/15944/2026                              ORDER DATED: 14/07/2026




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 is very much involved in the present offence and
considering the gravity of offence, no case is made out to entertain
present bail application. He has submitted that initially the present
applicant was cashier and subsequently he was looking after the
affairs of Satya Dairy Products i.e. packaging, purchase, placing of
orders, maintaining accounts and purchase of material i.e. urea,
soybean oil, palmolein oil etc. for adulteration of milk and thereby
prima facie involved in the offence alleged.


[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.




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   R/CR.MA/15944/2026                              ORDER DATED: 14/07/2026




[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Role of the
present applicant is that he was employee of the dairy and he was
performing his duty.       As per the instruction of the employer, he
only took place the purchase order to make payment and as per the
instruction, he has to purchase the good. As to whether the good
was used for the purpose of adulteration or any other purpose,,
except presumption, no any material available. Following aspects
have been considered:


      (1)     Investigation is over and charge-sheet is filed;
      (2)     Applicant is behind the bar since 06.02.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicant;
      (4)     Offence is triable by JMFC Court;
      (5)     No past antecedents;
      (6)     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;
      (7)     Obviously commencement and conclusion of trial will
      take its own time;
      (8)     The applicant is neither manufacturer nor the seller. He
      is only employee of the dairy.


[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



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(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.
11209041260132 of 2026 registered with Prantij Police
Station, Sabarkantha 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 residence to the Investigating Officer and also to the
          Court at the time of execution of the bond and shall not


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        R/CR.MA/15944/2026                                                          ORDER DATED: 14/07/2026




                 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)
  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 14/07/2026 14:25:11




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