High Court of Gujarat
GHANSHYAMSINH @ RAHULSINH JETHUBHA JADEJAversusSTATE 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 of the BNSS, as the offences are not punishable with life or death, the investigation is largely complete, and there is no material risk of tampering or absconding.
Summary
The applicant, Ghanshyamsinh @ RahulSInh Jadeja, filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for alleged offences under the Gujarat Prohibition Act. The State opposed bail, arguing the applicant's involvement and the gravity of the offences. The Court examined bail principles, noting that the investigation was substantially complete, the offences are triable by a JMFC and do not carry life or death sentences, and there was no risk of evidence tampering or absconding. Citing Supreme Court decisions in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, the Court emphasized that pre‑trial detention amounts to a de facto conviction and that bail is the rule, jail the exception. Consequently, the Court granted regular bail on a personal bond of Rs.25,000 with several conditions, directing release pending trial.
Issues considered
- Whether regular bail can be granted under Section 483 of the BNSS for offences under the Gujarat Prohibition Act before the chargesheet is filed.
- Whether the nature and severity of the alleged offences justify denial of bail.
- Whether the applicant's continued detention amounts to pre‑trial conviction in violation of Article 21.
- How the precedents set by Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor apply to the present bail application.
Legislation cited
Subjects
regular bailSection 483 BNSSGujarat Prohibition Actpre‑trial detentionpersonal libertyArticle 21bail jurisprudence
Judgment
R/CR.MA/19135/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 19135 of 2026
==========================================================
GHANSHYAMSINH @ RAHULSINH JETHUBHA JADEJA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. ANAND V THAKKAR(7091) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/08/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the
respondent-State.
[2.0] 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.
11993007261082 of 2026 registered with Gandhidham B
Division Police Station, Kachchh, for the offences under
Sections 65(a)(e), 116-B, 98(2), 81 and 83 of the 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 offence. Nothing is required to be recovered or
discovered. He therefore submits that, considering the nature of
the offence, the applicant 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
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R/CR.MA/19135/2026 ORDER DATED: 17/08/2026
the present application for regular bail on the ground that the
applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to
entertain present bail application. 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 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 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) Substantial part of investigation is over;
(2) Applicant is behind the bar since 26.07.2026;
(3) There is nothing to be recovered or discovered from
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R/CR.MA/19135/2026 ORDER DATED: 17/08/2026
the applicant;
(4) Offence is triable by JMFC Court and none of the
offence alleged is punishable with life sentence or death
penalty ;
(5) The applicant is proposed receiver;
(6) Prosecution has failed to point out the circumstances
to continue or prolong his incarceration;
(7) Obviously commencement and conclusion of trial will
take its own 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 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
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R/CR.MA/19135/2026 ORDER DATED: 17/08/2026
released on regular bail in connection with FIR being C.R. No.
11993007261082 of 2026 registered with Gandhidham B
Division Police Station, Kachchh, 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/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 Officer 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 any illegal activity failing which learned
trial Court shall issue warrant and cancel the bail of the
applicant.
(h) not to enter intoKachchh District for a period of six
months except for marking presence before the
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R/CR.MA/19135/2026 ORDER DATED: 17/08/2026
concerned police station and/or for attending Court;
[9.0] 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.
[10.0] 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 influenced 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)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 17/08/2026 16:50:58
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