The Gujarat High Court has granted regular bail to an accused in a case arising from an alleged extortion incident in Banaskantha district, observing that the investigation has been completed, the charge sheet has already been filed, and the trial is likely to take time. At the same time, the Court imposed strict conditions, including a direction restraining the applicant from engaging in any activity amounting to "yellow journalism."
Background of the Case
The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR registered at Deesa South Police Station. According to the prosecution, the applicant and other accused allegedly posed as journalists and demanded money from local firecracker traders while threatening adverse media coverage and disruption of their business.
The prosecution further alleged that during one such confrontation, a trader was assaulted and later suffered severe chest pain before being declared dead at a hospital. The State opposed the bail plea, arguing that the allegations were serious and that the applicant was actively involved in the incident.
Court's Observations
After hearing both sides, Justice Hasmukh D. Suthar noted that the investigation was over, the charge sheet had been filed, and nothing remained to be recovered from the applicant. The Court also took note of the period of custody and the likelihood that the trial would take considerable time.
Referring to settled principles of bail jurisprudence, the bench observed, “Bail is a rule and jail is exception,” while emphasizing the importance of personal liberty under Article 21 of the Constitution. The Court clarified that it was not expressing any opinion on the merits of the evidence at this stage.
Decision
Allowing the application, the High Court directed the applicant's release on regular bail upon furnishing a personal bond of ₹25,000 with one surety of the like amount.
The Court imposed several conditions, including regular attendance before the police station, restrictions on leaving Gujarat without permission, and a six-month prohibition on entering Deesa town except for court proceedings or marking attendance.
It also directed that the applicant
“shall not indulge in any activity amounting to yellow journalism or publish any news item with the intention of tarnishing the image or reputation of any person,” failing which the trial court would be free to cancel the bail.
The Court further clarified that its observations were only for deciding the bail application and should not influence the trial.
Case Details
Case Title: Hiteshkumar Surendrakumar Padhiyar (Rajput) v. State of Gujarat
Case Number: R/Criminal Misc. Application (For Regular Bail – After Chargesheet) No. 13878 of 2026
Judge: Justice Hasmukh D. Suthar
Decision Date: 23 June 2026
