High Court of Gujarat
RAJENDRAKUMAR @ RAJU BIPINBHAI RATHVAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court held that the applicant is entitled to regular bail under Section 483 BNSS as the investigation is complete, a charge‑sheet is filed, and no material necessity exists for his continued detention.
Summary
The High Court of Gujarat considered a regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Rajendrakumar @ Raju Bipinbhai Rathva, who was charged under the Gujarat Prohibition Act. The applicant argued that the investigation was complete, a charge‑sheet had been filed, and there was no need for further detention. The State opposed bail, contending that the applicant was deeply involved in the alleged contraband offence and might flee or tamper with evidence. The Court examined the principles governing bail, including the nature of the accusation, risk of witness tampering, likelihood of absconding, and the applicant’s past antecedents, and referred to Supreme Court precedents. Finding no compelling reason to keep the accused in custody and emphasizing the presumption of innocence and personal liberty under Article 21, the Court granted regular bail with a personal bond of Rs 25,000 and several conditions. The order also directed that any breach of conditions could lead to cancellation of bail.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the applicant’s alleged involvement in the contraband offence and his past antecedents justify continued pre‑trial detention.
- What conditions may be imposed to ensure the applicant’s compliance and prevent interference with the investigation.
Legislation cited
Subjects
regular bailcharge‑sheetpre‑trial detentionpersonal libertySection 483 BNSSGujarat Prohibition Actcriminal procedure
Judgment
R/CR.MA/17790/2026 ORDER DATED: 04/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 17790 of 2026
==========================================================
RAJENDRAKUMAR @ RAJU BIPINBHAI RATHVA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PM DAVE(263) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==========================================================
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.
Page 1 of 5
R/CR.MA/17790/2026 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/17790/2026 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
Page 3 of 5
R/CR.MA/17790/2026 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/17790/2026 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 14:14:26
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