Despite eight prior antecedents, applicant released on bail due to failure of theft attempt and early stage of trial, with strict conditions imposed
In a recent judgment dated 9th October 2026, the Gujarat High Court, presided over by Mr. Nikhil S. Kariel, J., granted regular bail to Vishalbhai @ Toofan Rameshbhai Thakor, who was accused of attempting to break open an ATM machine with intent to commit theft. The case emanates from FIR C.R. No. 11188002250692 of 2025, registered at Bayad Police Station, District Aravalli, under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS).
The applicant had been in custody since 20th October 2025, and the charge-sheet had already been filed. However, the trial had not progressed substantially at the time of the bail application. The Court noted that although the applicant had eight antecedents, none were related to similar offenses. Importantly, the attempt to break open the ATM was unsuccessful, which weighed in favor of granting bail.
Counsel for the applicant, Mr. Kamalkumar R. Sharma and Mr. O.I. Pathan, argued that continued incarceration would serve no useful purpose, especially since the charge-sheet was filed and the applicant was prepared to comply with all bail conditions. The Additional Public Prosecutor, Mr. Hardik Soni, opposed the bail application, emphasizing the serious nature of the charges.
The Court carefully considered the facts and the legal principles laid down in the Supreme Court decision of Sanjay Chandra v. Central Bureau of Investigation ([2012] 1 SCC 40), which guides the discretion for granting bail. Observing that the applicant was part of a group that only attempted but did not succeed in breaking open the ATM, and considering the duration of custody and the trial stage, the Court held that indulgence was warranted.
Consequently, the Court allowed the bail application with specific conditions to ensure the applicant's compliance and prevent misuse of liberty. These conditions include execution of a bond of Rs. 15,000 with one surety of the like amount, prohibition on misuse of liberty, surrender of passport if any, restriction on leaving Gujarat without prior permission, furnishing current residential address to the investigating officer and the Court, and monthly presence before the concerned police station for one year.
The Court clarified that the trial court should not be influenced by its preliminary observations during the bail stage and retained authority to modify bail conditions as deemed appropriate.
This judgment highlights the judiciary's balanced approach in safeguarding individual liberty while ensuring accountability in criminal proceedings, especially when the offense involves an unsuccessful attempt and the trial is in its nascent stage.
Bottom Line:
Regular bail - Attempt to commit theft by trying to break open ATM machine - Charge-sheet filed - Trial not proceeded substantially - Applicant in custody since 20.10.2025 - Though applicant had eight antecedents, none were of similar nature - Since alleged attempt to break open ATM machine had not succeeded, applicant held entitled to regular bail subject to conditions.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Sections 331(4), 305(a), 324(4), 62, 54, 61(2)(a), 238(c)
Vishalbhai @ Toofan Rameshbhai Thakor v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2996352
