Allowed

Hareshbhai @ Hakabhai Naranbhai Jakasaniya (Hareshbhai @ Hakabhai Naranbhai Jakasaniya Jate Patel) v. State of Gujarat

Gujarat HC14 Sept 2026CR.MA/21513/2026

Case brief

AI extract

What is this about?

High Court of Gujarat granted regular bail to applicants accused of forgery offences under the new Criminal Laws. The court held that keeping them in jail would amount to pre-trial conviction, applying the bail-is-the-rule principle. Applicants must satisfy a bond of Rs. 25,000 with one surety.

What did the court decide?

Applicants released on regular bail by executing a personal bond of Rs. 25,000 each with one surety of the like amount subject to prescribed conditions.

Hareshbhai @ Hakabhai Naranbhai Jakasaniya (Hareshbhai… — Cheating and Forgery | Gujarat HC (2026)

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R/CR.MA/21513/2026 (GJHC240699032026) ORDER DATED: 14/09/2026

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21513 of 2026

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HARESHBHAI @ HAKABHAI NARANBHAI JAKASANIYA (HARESHBHAI @ HAKABHAI NARANBHAI JAKASANIYA JATE PATEL) & ANR.

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Versus

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STATE OF GUJARAT

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========================================================== Appearance:

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MR HARISINGH SODHA(17638) for the applicants(s) No. 1,2 MR HARDIK MEHTA, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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Date : 14/09/2026 ORDER

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[1.0] RULE. Learned APP waives service of rule for the respondent-State.

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[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.11189003251984 of 2025 registered with ‘A’ Division Police Station, Morbi City for the offences punishable under Sections 61(2), 319, 337, 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).

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

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[5.0] While granting bail, the Court has to consider the involvement of the

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R/CR.MA/21513/2026 (GJHC240699032026) ORDER DATED: 14/09/2026

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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.

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[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:

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(1) The allegation against the applicants is that applicant No.1 herein introduced applicant No.2 to the main accused for preparation of forged pedigree pursuant to which the accused No.2 prepared the forged pedigree in mobile phone however, except facilitating preparation of forged pedigree, no overt act is attributed to the present applicants and even otherwise, now the investigation is over and charge-sheet is filed;

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(2) None of the offence alleged is punishable with life sentence or death penalty and is triable by the Court of Magistrate;

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(3) Applicants are behind the bars since 25.06.2026 ;

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

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(5) Though the applicants are having similar nature of past antecedents, they are presumed to be innocent till proven guilty;

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R/CR.MA/21513/2026 (GJHC240699032026) ORDER DATED: 14/09/2026

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(6) Obviously commencement and conclusion of trial will take some time;

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[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 .

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[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 fit 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.11189003251984 of 2025 registered with ‘A’ Division Police Station, Morbi City on executing a personal bond of Rs.25,000/- (Rupees Twentyfive 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;

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(a) not take undue advantage of liberty or misuse liberty;

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(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;

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(d) not leave the territory of State of Gujarat without prior permission of the Trial Court concerned;

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R/CR.MA/21513/2026 (GJHC240699032026) ORDER DATED: 14/09/2026

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(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

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(f) furnish the copy of Aadhaar card, email ID/contact number / permanent and present address of their residence to the Investigating Officer 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;

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(g) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicants.

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[9.0] The authorities will release the applicants only if they are 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.

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[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.

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[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 applicants on bail.

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[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.

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(HASMUKH D. SUTHAR, J.)

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Ajay

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Original copy of this order has been signed by the Hon'ble Judge.

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Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/09/2026 15:00:54

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