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2026 Supreme(Online)(Guj) 18534
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hasmukh D. Suthar, J
Hiteshkumar Surendrakumar Padhiyar (Rajput) – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 13878 of 2026
Important Points
Subject
Criminal Law - Bail and Personal Liberty
Act Referred
Bharatiya Nyaya Sanhita, 2023: S.308(2), S.115(2), S.296(b), S.54, S.105
Constitution of India: Art.21
Headnote
(B) Personal Liberty - Constitution of India - Article 21 - Concept of bail jurisprudence - “Bail is a rule and jail is an exception” - Continued detention pending trial without necessity constitutes pre-trial conviction. (Para 7)
(C) Bail conditions - Nature of liberty granted must be subject to specific conditions to ensure investigation and trial integrity, including constraints on conduct and residency. (Para 8)
Facts of the case:
The applicant was accused of extortion and intimidation. It was alleged that the applicant, along with others, posed as journalists to demand money from traders under the threat of negative professional exposure. During a confrontation, a victim allegedly suffered physical distress, which subsequently resulted in death due to cardiac failure. The applicant, having been in custody for several months, filed for regular bail following the submission of the charge-sheet.
Findings of Court:
The investigation is concluded and a charge-sheet has been filed. The court observed that there are no further requirements for recovery or discovery from the applicant. Furthermore, the court determined that the trial process would inevitably take time and keeping the accused in custody would unfairly equate to a pre-trial conviction.
Issues: Whether the applicant, despite the grave nature of the allegations including extortion and the subsequent death of a victim, is entitled to regular bail after the completion of the investigation.
Ratio Decidendi: While the nature of the allegations is serious, the completion of the investigation and filing of the charge-sheet changes the balance of factors for bail. The principle of personal liberty under the Constitution necessitates that detention is not extended beyond necessity. Once the investigative process is satisfied, the discretionary power to grant bail should be exercised unless specific risks, such as witness interference, are clearly established.
Result: Application allowed; the applicant is ordered to be released on regular bail subject to strict conditions, including surrendering the passport, regular reporting to the police, and restrictions on movement and professional conduct.
For the Appellants/Petitioners: Pravin Gondaliya
For the Respondents: Vinay Vishen
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.11195004250826 of 2025 registered with Deesa South Police Station, Banaskantha, for the offences under Sections 308(2), 115(2), 296(b), 54 and 105 of the BNS.
[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 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) Investigation is over and charge-sheet is filed;
(2) Applicant is behind the bar since 18.10.2025;
(3) There is nothing to be recovered or discovered from the applicant;
(4) The allegations against the applicant are that he, along with the co-accused persons, posing as journalists, illegally extorted money from the complainant and other local firecracker traders by threatening media defamation and disruption of their business. Pursuant to the initial demand made in the afternoon, the deceased partner, Mukeshbhai Thakkar, paid Rs.10,000/- in cash to the co accused persons. Thereafter, the applicant and the other co-accused allegedly returned and aggressively demanded the remaining amount of Rs.15,000/-, threatening to stop the business of the shop entirely. During the said confrontation, co-accused allegedly recorded videos of the stock kept in the shop, used filthy and abusive language, and assaulted Mukeshbhai Thakkar by giving him fist blows on his chest. Shortly thereafter, Mukeshbhai complained of severe chest pain and was taken to Civil Hospital, Deesa, where he was declared dead. It is alleged that the severe mental stress and physical assault inflicted by the applicant and the co-accused persons contributed to his cardiac failure and death. It is further alleged that other traders subsequently came forward and stated that they had faced similar extortion and harassment at the hands of the same accused persons.
(5) 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
