High Court of Gujarat
SUSHILKUMAR HARISHCHANDRA DAMORversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that regular bail should be granted to the applicant.
Summary
The applicant, a driver, was arrested after police intercepted his vehicle and he fled the scene. He has been in custody since 23 June 2026 and faces charges under the Gujarat Prohibition Act, with the case pending a chargesheet. The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming innocence and that the investigation is substantially complete with nothing further to be recovered from him. The State opposed, arguing the applicant’s involvement and the gravity of the offence. The Court considered established bail factors, the presumption of innocence, and cited Supreme Court precedents, concluding that continued detention would amount to pre‑trial conviction. Accordingly, the Court granted regular bail on a personal bond of Rs.25,000 with several conditions, directing release subject to compliance.
Issues considered
- Whether regular bail can be granted under Section 483 BNSS, 2023 before the filing of a chargesheet in a case under the Gujarat Prohibition Act
- Whether the applicant poses a risk of tampering with evidence, fleeing, or committing further offences
Legislation cited
Subjects
regular bailpre‑trial detentionSection 483 BNSSGujarat Prohibition Actpersonal libertyArticle 21presumption of innocencebail conditions
Judgment
R/CR.MA/17243/2026 ORDER DATED: 27/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 17243 of 2026
==============================================
SUSHILKUMAR HARISHCHANDRA DAMOR
Versus
STATE OF GUJARAT
==============================================
Appearance:
BHARATKUMAR A DESAI(8513) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 27/07/2026
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 FIR being C.R. No.11204028260322 of 2026
registered with Kapadwanj Rural Police Station, District -
Kheda, for offence under provisions of the Gujarat Prohibition Act.
3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Substantial part of investigation is over. Nothing is to be recovered
or discovered from the applicant. He therefore submits that,
considering the nature of the offence, the applicant 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 applicant
is very much involved in the present offence and considering the
gravity of offence the present 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
to be exercised on the basis of the well settled principles having
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R/CR.MA/17243/2026 ORDER DATED: 27/07/2026
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 applicant is the driver and when the police intercepted
the vehicle of the applicant, the applicant ran away from the
spot.
(2) Applicant is behind the bar since 23.06.2026;
(3) Applicant is having one past antecedent, however, the
accused is governed by presumption of innocence unless
and until proved guilty;
(4) Substantial part of investigation is over;
(5) There is nothing to be recovered or discovered from the
applicant;
(6) Offence is triable by the Court of Magistrate.;
(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
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R/CR.MA/17243/2026 ORDER DATED: 27/07/2026
(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) 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.11204028260322 of 2026
registered with Kapadwanj Rural Police Station, District -
Kheda 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;
(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 INDIA 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 Aadhaar card, email ID, contact
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R/CR.MA/17243/2026 ORDER DATED: 27/07/2026
number, 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 the
residence and contact number/SIM card without prior
permission of Trial Court;
(g) if the applicant is 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 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) Bail bond to be executed before the lower Court having jurisdiction
to try the case. It will be open for concerned Court to delete,
modify and/or relax any of 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 27/07/2026 14:47:36
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