Emphasizing the principle "bail is a rule, jail is an exception," the court allows bail with stringent conditions under the Bharatiya Nagarik Suraksha Sanhita, 2023.
In a significant judgment, the Gujarat High Court has granted regular bail to Hiteshkumar Surendrakumar Padhiyar, who was accused of extortion and harassment leading to the death of a complainant, Mukeshbhai Thakkar, due to cardiac failure. The decision was passed by Justice Hasmukh D. Suthar on June 23, 2026, emphasizing the principles of bail jurisprudence and personal liberty under Article 21 of the Constitution of India.
The applicant, Hiteshkumar Padhiyar, along with co-accused persons, was alleged to have extorted money from local traders by posing as journalists and threatening media defamation. The incident culminated in the death of Mukeshbhai Thakkar after a confrontation, where he was physically assaulted and subjected to mental stress. The defense argued that Padhiyar was falsely implicated and had been in custody since October 18, 2025, with the investigation completed and no further recovery needed.
The court considered several factors while granting bail, such as the severity of the accusation, the completion of the investigation, and the applicant's time spent in custody. It reiterated the legal principle that keeping an accused in jail during trial amounts to pre-trial conviction, thereby violating the principle of personal liberty.
Justice Suthar, while allowing the bail application, imposed strict conditions to prevent misuse of liberty. These include executing a personal bond of Rs. 25,000, surrendering the passport, marking presence at the police station monthly, and refraining from activities injurious to the prosecution or engaging in yellow journalism. Furthermore, Padhiyar is restricted from leaving Gujarat without court permission and is barred from entering Deesa Town for six months, except for court-related obligations.
The court's decision aligns with precedents set by the Supreme Court in cases like Sanjay Chandra v. Central Bureau of Investigation and Gudikanti Narasimhulu v. Public Prosecutor, underscoring that bail should be granted unless there are compelling reasons to deny it.
This ruling underscores the judiciary's commitment to uphold personal liberty while ensuring that the trial process is not hampered. The authorities will release Hiteshkumar Padhiyar only if he is not required in connection with any other ongoing investigations.
Bottom line:-
Regular bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing the principles of bail jurisprudence, "bail is a rule and jail is an exception," and personal liberty under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
