TARAK JITENDRABHAI MANGUKIYAversusSTATE OF GUJARAT

    R/CR.MA/17156/2026                                ORDER DATED: 17/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 17156 of 2026
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               TARAK JITENDRABHAI MANGUKIYA
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR MEHUL SHARMA for MR ASHCHARYA H SANGHAVI(16402) for the Applicant No. 1
MR MANAV A. SANGHAVI(21634) for the Applicant(s) No. 1
MS ARCHI R. SHAH(21635) 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 : 17/08/2026
                                 ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is 9led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11210022260056 of 2026 registered with
Kapodara Police Station, Surat City for the oAences punishable under
Sections 103(1), 109(1), 118(1), 54 of the Bharatiya Nyaya Sanhita, 2023 (for
short “BNS”) and section 135 of the Gujarat Police Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the oAence and now
nothing is required to be recovered or discovered. He therefore submits
that, considering the nature of the oAence, 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 looking to the nature and gravity of the oAence.




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      R/CR.MA/17156/2026                                   ORDER DATED: 17/08/2026




[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged oAence, 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)       The allegation is that present applicant caught hold of the deceased
          while co-accused Rahul Navadiya made an assault with knife upon
          the deceased. Present applicant is facing charge under Section
          103(1), 109(1), 118(1) read with section 54 of the BNS and perusing
          the record, it appears that initially incident took place with the
          complainant in connection of selling Ganja and thereafter accused
          No.1 called the Yagnik Joshi and alongwith Yagnik Joshi, co-accused
          Rahul Navadiya also came to the spot and at that time the incident
          took place wherein the applicant caught hold of the deceased
          however, now investigation is over and charge-sheet is already 9led;

(2)       Applicant is aged only 18 years having no past antecedents;

(3)       Applicant is behind the bars since 09.01.2026;

(4)       There is nothing to be recovered or discovered from the applicant;



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      R/CR.MA/17156/2026                                   ORDER DATED: 17/08/2026




(5)          Obviously commencement and conclusion of trial will take some
             time;

(6)          Co-accused similarly situated 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.

[7.0] 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 9t
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.11210022260056 of 2026 registered with Kapodara Police Station,
Surat City on executing a personal bond of Rs.25,000/- (Rupees Twenty-9ve
Thousand only) with one surety of the like amount to the satisfaction of the
trial Court and subject to the conditions that he 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


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    R/CR.MA/17156/2026                                                            ORDER DATED: 17/08/2026




                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 a
               month for a period of six months between 11.00 a.m. and 2.00
               p.m.;

    (f)        furnish the UIDAI Number, Contact Number/s, Passport Number
               (if he is having the passport), E-mail address and present address
               of his residence to the Investigating OMcer and also to the Court
               at the time of execution of the bond and shall not change the
               residence without prior permission of Trial Court;

    (h)        not to indulge in any illegal activity or any similar type of oAence
               failing which concerned Investigating OMcer shall have liberty to
               9le an application for cancellation of bail against the present
               applicant.

[9.0] The authorities will release the applicant only if he is not required in
connection with any other oAence 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 inNuenced 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.)
Ajay
          Original copy of this order has been signed by the Hon'ble Judge.
          Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 17:15:21




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