AKSHAYBHAI PRADIPBHAI MADAMversusSTATE OF GUJARAT

    R/CR.MA/19000/2026                                  ORDER DATED: 17/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                CHARGESHEET) NO. 19000 of 2026
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              AKSHAYBHAI PRADIPBHAI MADAM & ORS.
                               Versus
                       STATE OF GUJARAT
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Appearance:
MR VH KANARA(1881) for the applicants(s) No. 1,2,3,4
MR NISHITH P ACHARYA(9308) for the applicants(s) No. 1,2,3,4
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 17/08/2026
                                   ORDER

        Registry to accept vakalatnama of learned advocate Mr. Mohit Gupta,
who has instructions to appear for the original complainant.

[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.11185004261294 of 2026 registered with Jam
Khambaliya Police Station, District Devbhumi Dwarka for the oBences
punishable under Sections 140(3), 140(2), 189(2), 190 and 61 of the Bharatiya
Nyaya Sanhita, 2023 (for short “BNS”).

[3.0]   Learned advocate appearing on behalf of the applicants submits that
applicants are innocent and have been falsely implicated in the oBence and
now nothing is required to be recovered or discovered. He therefore submits
that, considering the nature of the oBence, the applicants 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


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      R/CR.MA/19000/2026                                  ORDER DATED: 17/08/2026




regular bail looking to the nature and gravity of the oBence.

[5.0]    Learned advocate Mr. Mohit Gupta appearing on behalf of the original
complainant upon instructions has submitted that the dispute between the
parties is settled and original complainant has no objection if the applicants is
considered for bail. Hence, he has requested to pass appropriate order.

[6.0]    While granting bail, the Court has to consider the involvement of the
accused in the alleged oBence, 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.

[7.0]    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 applicants is that the applicants kidnapped
          the Vice President of the company so as to create pressure for the
          purpose of getting contract however, except this, no overt act is
          attributed to the present applicants and even otherwise, original
          complainant has settled the dispute with the present applicants and
          has no objection if the applicants are released on bail. Substantial part
          of investigation is over;
(2)       None of the oBence alleged is punishable with life sentence or death
          penalty;

(3)       Applicants are behind the bars since 13.07.2026;


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      R/CR.MA/19000/2026                                      ORDER DATED: 17/08/2026




(4)           There is nothing to be recovered or discovered from the applicants;

(5)           The applicants are not having any past antecedent;

(6)           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 applicants 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 applicants on regular bail. Hence, the
present application is allowed. The applicants are ordered to be released on
regular bail in connection with FIR being C.R. No.11185004261294 of 2026
registered with Jam Khambaliya Police Station, District Devbhumi Dwarka
on executing a personal bond of Rs.25,000/- (Rupees Twenty->ve Thousand
only) each with ONE SURETY of the like amount to the satisfaction of the trial
Court and subject to the conditions that they 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;


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     R/CR.MA/19000/2026                                                           ORDER DATED: 17/08/2026




        (e)    mark presence before the concerned Police Station once in a
               week till Bling of the chargesheet and after Bling 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 their residence to the
               Investigating OMcer 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 applicants.


[9.0]     The authorities will release the applicants only if they are not required in
connection with any other oBence 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 inNuenced by the
observations of preliminary nature qua the evidence at this stage made by this
Court while enlarging the applicants 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 17/08/2026 15:08:49




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