MANSANG RANCHHODBHAI GUJARIYAversusSTATE OF GUJARAT

   R/CR.MA/18875/2026                                      ORDER DATED: 14/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 18875 of 2026

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                    MANSANG RANCHHODBHAI GUJARIYA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 14/08/2026

                                   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.11193045260176              of   2026     registered with           Pipavav
Police Station, Amreli for the o1ences punishable under Sections
109(1), 332(b), 54, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita,
2023 (for short “BNS”) and Section 135 of the Gujarat Police Act.


[3.0] Learned advocate appearing on behalf of the applicant
submits that applicant is innocent and has been falsely implicated
in the o1ence and now nothing is required to be recovered or
discovered. He therefore submits that, considering the nature of
the o1ence, the applicant may be enlarged on regular bail by
imposing suitable conditions.




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[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 o1ence.


[5.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged o1ence, 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 allegation against the applicant is that the applicant has
          caught       hold   of   father   of      the   complainant,      however,
          Substantial part of investigation is over;
(2)       None of the o1ence alleged is punishable with life sentence
          or death penalty and is triable by the Court of Magistrate;




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      R/CR.MA/18875/2026                                     ORDER DATED: 14/08/2026




(3)       Applicant is behind the bars since 19.06.2026;
(4)       There is nothing to be recovered or discovered from the
          applicant;
(5)       Co-accused having similarly situated role are enlarged on
          regular bail and therefore, on the ground of parity also
          (Rameshbhai Batubhai Dhabi Vs. State of Gujarat
          reported in 2011 (3) GLR 1999), present application
          deserves consideration;
(6)       The applicant is not having any past antecedent;
(7)       Obviously commencement and conclusion of trial will take
          some 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         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/18875/2026                                    ORDER DATED: 14/08/2026




regular        bail      in       connection        with        FIR         being
C.R.No.11193045260176              of   2026      registered with        Pipavav
Police    Station,      Amreli,    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 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 week till      ling of the chargesheet and after            ling 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 O1icer 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



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      R/CR.MA/18875/2026                                                         ORDER DATED: 14/08/2026




required in connection with any other o1ence 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 inFuenced 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 14/08/2026 15:51:24




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