High Court of Gujarat
INDRASINH ALIAS INDRAJITSINH KHIMSINH CHAUHANversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that, on a prima facie basis, the applicant is entitled to regular bail and exercised its discretion to grant it.
Summary
The High Court of Gujarat considered a regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita on behalf of Indrasinh Chauhan, who was arrested in connection with a suicide alleged to have resulted from money‑lending extortion. The FIR charged him under several provisions of the Bharatiya Nyaya Sanhita (sections 108, 308(5), 352, 351(3), 3(5)) and the Gujarat Money Lenders Act (sections 40 and 42). The applicant argued that he was not named in the suicide note, had no prior criminal record, and that no material could be recovered from him, while the State opposed bail citing the gravity of the offences. The Court applied established bail principles, examined the risk of witness tampering, flight, and the nature of the allegations, and relied on Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor). Concluding that a prima facie case existed and that continued pre‑trial detention would amount to a de facto conviction, the Court granted regular bail with a personal bond and several conditions.
Issues considered
- Whether regular bail can be granted under Section 483 BNSS to an accused charged with offences under the BNS and Gujarat Money Lenders Act before the filing of a chargesheet.
- Whether the nature of the alleged money‑lending and suicide offences, and the risk of tampering or absconding, justify denial of bail.
- Whether the applicant’s lack of prior antecedents and the absence of direct involvement in the suicide support the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 483
- Bharatiya Nyaya Sanhita, 2023s. 108, s. 308(5), s. 3(5), s. 351(3), s. 352
- Constitution of Indias. Article 21
Subjects
regular bailpre‑trial detentionmoney lendingsuicideBharatiya Nyaya SanhitaBharatiya Nagarik Suraksha SanhitaGujarat Money Lenders Actbail jurisprudenceArticle 21
Judgment
R/CR.MA/17638/2026 ORDER DATED: 31/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 17638 of 2026
==========================================================
INDRASINH ALIAS INDRAJITSINH KHIMSINH CHAUHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS HEER K. RAVAL(19640) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 31/07/2026
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.11213006260295 of 2026 registered with
Bhayavadar Police Station, Rajkot Rural for the offences punishable under
Sections 108, 308(5), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 (for short “BNS”) and sections 40 and 42 of the Gujarat Money Lenders
Act.
[3.0] 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. He therefore submits
that, considering the nature 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 looking to the nature and gravity of the offence.
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R/CR.MA/17638/2026 ORDER DATED: 31/07/2026
[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) The applicant is not named in the suicide note and the allegation is
that the present applicant lent money to the deceased pursuant to
which the accused persons demanded principal amount with
exorbitant rate of interest and tried to extort more money from the
deceased as a result of which the deceased committed suicide
however, there is no proximate cause and direct involvement of the
applicant and even otherwise, substantial part of investigation is
over;
(2) Applicant is behind the bars since 24.06.2026;
(3) There is nothing to be recovered or discovered from the applicant;
(4) The applicant is not having any past antecedent ;
(5) Obviously commencement and conclusion of trial will take some
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R/CR.MA/17638/2026 ORDER DATED: 31/07/2026
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.11213006260295 of 2026 registered with Bhayavadar Police Station,
Rajkot Rural 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 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 territory of State of Gujarat without prior
permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a
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R/CR.MA/17638/2026 ORDER DATED: 31/07/2026
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) furnish the copy of Aadhaar card, email ID/contact 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) 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.)
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 31/07/2026 14:27:35
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