High Court of Gujarat
KRUNALBHAI MANUBHAI PATELversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court held that, on the facts, regular bail should be granted under Section 483 of the BNSS despite the filing of a charge‑sheet.
Summary
The petitioner, Krunalbhai Manubhai Patel, applied for regular bail under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 after a charge‑sheet was filed for alleged offences under Sections 7, 13(1)(a) and 13(2) of the Prevention of Corruption Act. The State opposed bail, arguing that the charge‑sheet alone does not warrant release and that the accused, a public servant, demanded a bribe. The Court examined the nature of the allegation, the fact that the investigation was complete, the absence of a life‑imprisonment or death‑penalty offence, the applicant’s clean antecedent, and the principles laid down in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor. Applying the established bail jurisprudence that bail is the rule and jail the exception, the Court found the applicant prima facie eligible for bail. Consequently, the Court granted regular bail on a personal bond of Rs.25,000 with a local surety and imposed standard conditions such as surrender of passport, regular police reporting, and non‑interference with the investigation.
Issues considered
- Whether regular bail can be granted after a charge‑sheet is filed under Section 483 BNSS.
- Whether the nature of the alleged corruption offence (non‑capital) justifies bail.
- Whether the applicant’s lack of prior criminal record and the completed investigation affect the bail decision.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Prevention of Corruption Acts. 13(1)(a), s. 13(2), s. 7
Subjects
regular bailpre‑trial detentionPrevention of Corruption ActBNSSpublic servant corruptionpersonal libertyArticle 21
Judgment
R/CR.MA/19494/2026(GJHC240627662026) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 19494 of 2026
==========================================================
KRUNALBHAI MANUBHAI PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/08/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present successive bail application is led under Section 483 of
the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular
bail in connection with FIR being C.R. No. 02 of 2026 registered with
Navsari ACB Police Station, Navsari, for the o.ence under Sections 7,
13(1)(a) and 13(2) of Prevention of Corruption Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the o.ence.
Investigation is over and chargesheet has been led. He is in jail since
01.06.2026. Even the voice spectography test has been done. Considering
the nature of the o.ence, 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 the present
application for regular bail and submitted that, merely chargesheet is led is
not a ground to allow the regular bail. Though the applicant was public
servant, demanded bribe from the complainant for performing his o8cial
duty. Considering the same, he prays not to allow application.
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R/CR.MA/19494/2026(GJHC240627662026) ORDER DATED: 21/08/2026
[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. Following aspects
have been considered:
(1) Investigation is over and charge-sheet is led;
(2) None of the o.ence alleged is punishable with life sentence or death
penalty
(3) Allegation against the applicant is that, the applicant was serving as
Addl. Asst. engineer, Construction Department, Vansda Taluka
Panchayat, and complainant is Sarpanch of village Dubalfaliya and for
passing the bill of Cricket Ground, the applicant being public servant
demanded bribe of Rs.23,000/- (5% of sanctioned grant amount) from
the complainant and after negotiation, nally Rs.16,000/- was xed.
In this regard, FIR came to be lodged and arrested the applicant.
(4) Applicant is behind the bars since 01.06.2026;
(5) There is nothing to be recovered or discovered from the applicant;
(6) The applicant is not having any past antecedent;
(7) Obviously commencement and conclusion of trial will take some time.
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R/CR.MA/19494/2026(GJHC240627662026) ORDER DATED: 21/08/2026
(8) Voice spectography test of the applicant has already been done.
[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
further on merit, 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 regular bail in connection with FIR being C.R. No. 02 of 2026 registered
with Navsari ACB Police Station, Navsari on executing a personal bond of
Rs.25,000/- (Rupees Twenty- ve Thousand only) with one local 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 to leave State of Gujarat without prior permission of the Trial
Court concerned;
(e) mark presence before the concerned police station once in a
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R/CR.MA/19494/2026(GJHC240627662026) ORDER DATED: 21/08/2026
month for a period of six months;
(f) furnish the Aadhar card, email ID/present address of his
residence to the Investigating O8cer 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) 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.
[9.0] 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 inJuenced 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)
SUCHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 21/08/2026 15:32:22
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