AMITKUMAR SUKHDEO THAKURversusSTATE OF GUJARAT

    R/CR.MA/16134/2026                                  ORDER DATED: 16/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 16134 of 2026
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                         AMITKUMAR SUKHDEO THAKUR
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR NADEEM B MANSURI(11332) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 16/07/2026

                                   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. 11212008260087 of 2026 registered
with Vadodara Railway Police Station, Vadodara City, for the offences
under Sections 305(c), 318 and 123 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. Initially the applicant is
not named in the FIR. Allegation made in the FIR is that, while the
complainant was travelling in Howrah Express, one unknown person came to
the complainant and won the trust of father of the complainant and given
adulterated drink and thereafter, the said person took out two Sim Cards
and 2 ATM Cards and made UTI transactions through which Rs.60,000/- came
to be withdrawn. IN this regard, FIR came to be lodged. Muddamal is already
recovered. 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.




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    R/CR.MA/16134/2026                                   ORDER DATED: 16/07/2026




[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 habitual offender and having
15 past antecedents and if he 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
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 25.03.2026;
       (3)     There is nothing to be recovered or discovered from the
               applicant;
       (4)     Offence is triable by JMFC Court
       (5)     He is not named in the FIR but based on suspicion,
               subsequently, he has been arraigned as an accused.
       (6)     Though the applicant is having past antecedents, he is


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    R/CR.MA/16134/2026                                      ORDER DATED: 16/07/2026




                  presumed to be innocent till proven guilty;.
         (7)      Obviously commencement and conclusion of trial will take
                  its own time.

[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 being C.R. No.
11212008260087 of 2026 registered with Vadodara Railway Police
Station, Vadodara City 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;


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      R/CR.MA/16134/2026                                                        ORDER DATED: 16/07/2026




      (d)      not to leave India 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, SIM Card No./present
               address of his residence as well as permanent address of Bihar
               State 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 16/07/2026 14:30:32

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