'No Yellow Journalism': Gujarat High Court's Bail Condition For Man Accused Of Extorting Traders By Posing As Journalist

The Gujarat High Court has granted bail to a man accused of posing as a journalist along with co-accused and extorting money from traders by threatening them of defamation and also assaulting one of the traders who eventually passed away. [2026 LiveLaw (Guj) 84]

The relief is subject to the Petitioner not indulging in any activity amounting to "yellow journalism" or publishing any news item with the intention of tarnishing the image or reputation of any person. 

The court was hearing a man's plea seeking bail in an FIR registered under BNS Sections 308(2)(Extortion), 115(2)(voluntarily causing hurt), 296(b)(Obscene acts and songs), 54(Abettor present when offence is committed) and 105(Culpable homicide not amounting to murder). 

The court while considering the plea noted that the investigation was complete and the chargesheet was filed; the applicant was behind bars since October 2025.

Justice Hasmukh D Suthar while granting bail to the applicant on him executing a personal bond of Rs.25,000 with one surety of the like amount to the satisfaction of the trial Court imposed several conditions including:

"He 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 learned Trial Court shall be at liberty to issue a warrant and cancel the bail granted to the applicant"

It was alleged that pursuant to applicant's extortion, one person paid Rs.10,000 in cash but he was threatened to pay remaining demand of Rs.15,000. Later, the person complained of severe chest pain and passed away. It was alleged that the severe mental stress and physical assault inflicted by the applicant contributed to the deceased's cardiac failure and death.

It was also alleged that other traders subsequently came forward and stated that they had faced similar extortion and harassment at the hands of the same accused.

The court while referring to Sanjay Chandra vs. CBI (2012) and Gudikanti Narasimhulu And Ors vs. Public Prosecutor (1978) observed that conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction.

"...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. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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 applicant on regular bail. Hence, the present application is allowed," the court said. 

Case title: HITESHKUMAR SURENDRAKUMAR PADHIYAR (RAJPUT) v/s  STATE OF GUJARAT

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 13878 of 2026

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Citation: 2026 LiveLaw (Guj) 84