Authority: High Court of Gujarat at Ahmedabad

Order Date: 05/08/2026

Case Overview

  • Applicant: Darshan Mahendrabhai Panchal (appearing through counsel Mitesh Amin, Sr. Advocate) vs. State of Gujarat.
  • FIR registered as C.R. No.11191006260158 of 2026 at Bodakdev Police Station, Ahmedabad City.
  • Offences alleged under Sections 316(2), 316(5), 318(4) and 54 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
  • Applicant was employed as Manager with M/s. Growing Globe Immigration Inc., a firm run by his sister‑in‑law; he resigned on 27‑03‑2025, last working day 05‑04‑2025.
  • It is alleged that he received Rs 11,000 towards a visa fee, which has been deposited with the authority.
  • Applicant has been in custody since 11‑07‑2026.
  • No offence carries life imprisonment or death penalty; trial is triable by a Magistrate Court.
  • Co‑accused, similarly employed, have already been released on regular bail by the Sessions Judge (citing Rameshbhai Batubhai Dhabi Vs. State of Gujarat, 2011 (3) GLR 1999).
  • The Court considered Supreme Court precedents: Sanjay Chandra vs. CBI ([2012]1 SCC 40) and Gudikanti Narasimhulu & Ors vs. Public Prosecutor (1978)1 SCC 240.
  • The Court emphasized the principle that bail is a rule and jail an exception, invoking Article 21 of the Constitution.

Final Outcome

  • The High Court granted regular bail to the applicant.
  • Bail to be executed on a personal bond of Rs 25,000 (Twenty‑five Thousand Rupees only) with one surety of the same amount, to the satisfaction of the trial Court.
  • Conditions imposed:

(a) No misuse of liberty.

(b) No obstruction of police investigation or tampering with evidence.

(c) Surrender passport, if any, to the Trial Court within one week.

(d) Not leave the State of Gujarat without prior permission of the Trial Court.

(e) Report to the concerned Police Station once a week until the chargesheet is filed; thereafter, once a month for six months.

(f) Furnish copy of Aadhaar card, email ID/contact number, permanent and present residential address to the Investigating Officer and the Court at bond execution; no change of residence or SIM without Court permission.

(g) Not indulge in any illegal activity; breach may lead to warrant issuance and bail cancellation.

  • Release is contingent on the applicant not being required for any other offence.
  • The Sessions Judge may modify or relax conditions as per law.
  • The trial Court shall not be influenced by the preliminary observations made by this Court.
  • Direct service of the order is permitted.

Topics: Criminal Bail, Judicial Order