INKESHBHAI @ ANKESHBHAI VAKHATBHAI RATHVAversusSTATE OF GUJARAT

   R/CR.MA/17721/2026                               ORDER DATED: 04/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 17721 of 2026

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           INKESHBHAI @ ANKESHBHAI VAKHATBHAI RATHVA
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR PM DAVE(263) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 04/08/2026

                                 ORDER


[1.0] RULE. Learned APP waives service of rule for the respondent-
State.


[2.0] The present application is         led under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular        bail     in    connection         with      FIR         being
C.R.No.11207055250502 of 2025 registered with Rajgadh
Police Station, District Panchmahal, for the o.ences under the
provisions of Gujarat Prohibition Act.


[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the o.ence. Investigation is over and charge-sheet
has been      led. Nothing is required to be recovered or discovered.
He therefore submits that, considering the nature of the o.ence,
the applicant may be enlarged on regular bail by imposing suitable
conditions.




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   R/CR.MA/17721/2026                              ORDER DATED: 04/08/2026




[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 very much involved in the present o.ence and if the
applicant is released on bail, possibility cannot be ruled out that
the applicant will 5ee 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 o.ence, 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. Allegation
against the present applicant is that he is proposed receiver of the
alleged contraband. Following aspects have been considered:


      (1)     Investigation is over and charge-sheet is led;
      (2)     Applicant is behind the bar since 04/06/2026;



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   R/CR.MA/17721/2026                                     ORDER DATED: 04/08/2026




      (3)     Initially the applicant is not named in the FIR and
      during the course of investigation, he is arrayed as an
      accused;
      (4)     There is nothing to be recovered or discovered from the
      applicant;
      (5)     Though the applicant is having past antecedents, he is
      presumed to be innocent till proven guilty;
      (6)     Obviously commencement and conclusion of trial will
      take its own time;
      (7)     Prosecution has failed to point out the circumstances to
      continue or prolong his detention.


[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      t 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



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   R/CR.MA/17721/2026                             ORDER DATED: 04/08/2026




regular        bail     in   connection        with      FIR         being
C.R.No.11207055250502 of 2025 registered with Rajgadh
Police Station, District Panchmahal, on executing a personal
bond of Rs.25,000/- (Rupees Twenty- ve Thousand only) with one
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;
   (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
          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/present address of
          his residence to the Investigating O.icer 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 similar type of activity and any illegal
          activity failing which learned trial Court shall issue
          warrant and cancel the bail of the applicant.
   (h)    not to enter into Panchmahal District for a period of
          six months except for marking presence before the
          concerned police station and/or for attending Court;




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       R/CR.MA/17721/2026                                                          ORDER DATED: 04/08/2026




 [9.0] The authorities will release the applicant only if he is not
 required in connection with any other o.ence 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 in5uenced 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)
 ILA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 04/08/2026 14:14:46




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