High Court of Gujarat
PRAKASHBHAI GIRISHBHAI CHAUHANversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that regular bail may be granted after a chargesheet where the accused poses no flight or tampering risk and the circumstances warrant protection of personal liberty under Article 21.
Summary
The Gujarat High Court considered a regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after a chargesheet was lodged for alleged offences under the Prevention of Corruption Act, 1988. The applicant, a private individual, was accused of accepting Rs.2 lakh illegal gratification on behalf of a Deputy Fire Safety Officer; the amount was recovered but a voice‑spectrography test remained pending. The State opposed bail, contending the applicant’s active role and risk of tampering with evidence. The Court examined bail principles—flight risk, tampering risk, nature of the offence, and the applicant’s clean record—and relied on Supreme Court precedents Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor. Finding no flight or tampering risk and noting that the investigation was complete, the Court granted regular bail on a personal bond with several conditions. The order directed execution of the bail bond before the trial court and warned that breach could lead to cancellation.
Issues considered
- Whether regular bail can be granted after the filing of a chargesheet under Section 483 of the BNSS for offences under the Prevention of Corruption Act.
- Whether the applicant poses a risk of flight, tampering with evidence, or influencing witnesses.
- Whether the nature of the alleged corruption offence and the applicant’s personal circumstances justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 483
- Prevention of Corruption Act, 1988s. 12, s. 13(1), s. 13(2), s. 7
Subjects
regular bailchargesheetPrevention of Corruption ActBharatiya Nagarik Suraksha Sanhitapersonal libertyArticle 21Gujarat High Court
Judgment
R/CR.MA/17307/2026 ORDER DATED: 27/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 17307 of 2026
==============================================
PRAKASHBHAI GIRISHBHAI CHAUHAN
Versus
STATE OF GUJARAT
==============================================
Appearance:
MR VIRAT G POPAT(3710) 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.11194026260003 of 2026
registered with Bhavnagar ACB Police Station, Bhavnagar for
the offences under Sections 7, 12, 13(1) and 13(2) of the
Prevention of Corruption Act, 1988.
3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence
and now nothing is required to be recovered or discovered.
Investigation is over and chargesheet has been filed. 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 requested to dismiss the
present application for regular bail on the ground that the applicant
is involved in the present offence and played an active role. There
is every possibility that, if the applicant is released on bail, he will
indulge in similar offences and try to tamper with the evidence.
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R/CR.MA/17307/2026 ORDER DATED: 27/07/2026
Therefore, present application does not deserve 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
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 a private person who on behest of the
accused no.1 Deputy Fire Safety Officer, accepted
illegal gratification of Rs.2 lakhs. The amount of illegal
gratification was recovered except the Voice
Spectrography Test which is yet to be conducted. Upon
instruction the learned Advocate for the applicant has
submitted that the applicant is ready and willing to join
further investigation also. In view of above as charge-
sheet is filed and there is no flight risk of the applicant
and there is no possibility of the applicant tampering
with the evidence.;
(2) Applicant is behind the bars since 21.04.2026;
(3) The applicant has no past antecedents;
(4) Investigation is over and charge-sheet is filed;
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R/CR.MA/17307/2026 ORDER DATED: 27/07/2026
(5) There is nothing to be recovered or discovered from
the applicant;
(6) Obviously commencement and conclusion of trial will
take some time.
(7) Learned Advocate for the applicant upon instructions
has submitted that applicant is ready and willing to
appear for Voice Spectrography Test as and when
Investigating Agency will call him, and has also
submitted a copy of undertaking to that effect, which
is taken on record.;
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
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.11194026260003 of 2026
registered with Bhavnagar ACB Police Station, Bhavnagar on
executing a personal bond of Rs.25,000/- (Rupees Twenty-five
Thousand only) with one surety of the like amount to the
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R/CR.MA/17307/2026 ORDER DATED: 27/07/2026
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 the State of Gujarat without
prior permission of the Trial Court concerned;
(e) shall 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) shall furnish the 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
without prior permission of Trial Court;
(g) shall not indulge in any illegal activity, failing which the
learned trial Court shall issue warrant and cancel the bail
of the applicant.
(h) shall comply with the undertaking filed today before
this Court failing which learned trial Court shall have
liberty to issue warrant against 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 the concerned Court to delete,
modify and/or relax any of the above conditions, in accordance with
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R/CR.MA/17307/2026 ORDER DATED: 27/07/2026
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 14:46:30
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