High Court of Gujarat
VIRABHAI AMARABHAI CHOPDAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that the applicant is entitled to regular bail and ordered his release subject to prescribed conditions.
Summary
Virabhai Amarabhai Chopda was arrested on 26-07-2026 in connection with FIR CR No.11186009260720 alleging offences under the Bhartiya Nyay Sanhita, 2023, including unlawful assembly and conspiracy. He filed an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming innocence and that the investigation was substantially complete with no material to be recovered. The State opposed, arguing the gravity of the alleged offence. The Court examined bail principles, the nature of the allegations, the applicant’s clean record, and cited Supreme Court precedents (Sanjay Chandra v CBI and Gudikanti Narasimhulu v Public Prosecutor). Concluding that pre‑trial detention would amount to a de facto conviction, the Court granted regular bail on a personal bond of Rs.25,000 with a surety and imposed several conditions, including surrender of passport and regular reporting to police.
Issues considered
- Whether regular bail can be granted before the filing of a chargesheet under Section 483 BNSS for offences triable by a magistrate.
- Whether the nature of the alleged offences and the applicant's circumstances justify the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
Subjects
regular bailpre‑trial detentionSection 483 BNSSBhartiya Nyay Sanhitapersonal libertyArticle 21gambling den raidobstruction of police
Judgment
R/CR.MA/18771/2026 ORDER DATED: 13/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 18771 of 2026
==========================================================
VIRABHAI AMARABHAI CHOPDA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. VISHVESH R. ACHARYA(14664) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/08/2026
ORDER
Draft amendment as prayed for is granted. Learned
advocate for the applicant is directed to carry out the
amendment forthwith.
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.11186009260720 of 2026 registered with Veraval
Police Station, Gir Somnath, for the offence under
provisions of sections 109(1), 132, 190, 189(2), 191(2),
121(1) and 54 of the Bhartiya Nyay Sanhita, 2023
(hereinafter referred to as ‘BNS’)
3) Learned advocate appearing on behalf of the applicant
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R/CR.MA/18771/2026 ORDER DATED: 13/08/2026
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 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
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R/CR.MA/18771/2026 ORDER DATED: 13/08/2026
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) That the police has received intelligence and raided
one gambling den, which was run by accused
no.35 and when police raided there and arrested
some persons. It is alleged that with common
object the accused persons gathered at the spot
and interrupted the police in performing their duty
and with a view to cause injury and death to the
police personal. However, no one has received any
injury.
(2) Applicant is behind the bar since 26.07.2026;
(3) Applicant has no past antecedents;
(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 (1978)1 SCC 240. Obviously,
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R/CR.MA/18771/2026 ORDER DATED: 13/08/2026
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.11186009260720 of 2026 registered with Veraval
Police Station, Gir Somnath, 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;
(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
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R/CR.MA/18771/2026 ORDER DATED: 13/08/2026
within a week;
(d) shall not leave the territory of GUJARAT 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 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
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R/CR.MA/18771/2026 ORDER DATED: 13/08/2026
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)
MEHUL B. TUVAR
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIKHABHAI TUVAR(HC00628), Principal Pvt. Secretary, at High Court of Gujarat on 13/08/2026 18:50:59
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