‘Psychological issues’: Gujarat High Court grants bail to school teacher who ‘stole’ 14 LPG cylinders, 2 laptops

The Gujarat High Court noted that it is alleged that the applicant has various antecedents including theft of LPG cylinders. (Image enhanced using AI)

The court observed that continued incarceration would serve no meaningful purpose after the filing of the chargesheet, despite the seriousness of the allegations and the accused’s antecedents.

Teacher under scrutiny: ‘Underlying psychological issues’

• Perhaps the most striking aspect of the case was the professional identity of the accused.
• Nakum is a primary school teacher who had already been placed under suspension for allegedly stealing two laptops from the very school where he was employed.
• The high court took note of this background in strong terms.
• The court described it as “surprising” that a person entrusted with shaping young minds would be implicated in repeated thefts.

• “Prima facie, it appears that the applicant has the habit of stealing,” the court observed, adding that such conduct may point towards “underlying psychological issues.”
• The observation underscores the court’s concern not just with the criminal allegations, but also with the incongruity between the accused’s profession and his alleged actions.
• The court noted that it is alleged that the applicant has various antecedents, it is submitted that while the applicant was caught in connection with one offence, and other undetected offences, he has been arraigned as an accused.

Arrest, recovery: ‘Caught red-handed’

• The case stems from an FIR registered in 2025 at Sikka Police Station in Jamnagar district, where
• Nakum was accused of theft involving LPG gas cylinders.
• According to the prosecution, the accused was apprehended “red-handed” during one such act, with investigators subsequently linking him to multiple similar incidents.

• The high court noted that around 14 LPG cylinders had been recovered from the accused in connection with various offences, indicating a pattern of repeated theft rather than a one-off lapse.
• Police officials had argued that the nature of the offence, coupled with the scale of recoveries, reflected a deliberate and sustained modus operandi.
• The FIR invoked provisions under the Indian Penal Code relating to theft, and the investigation culminated in the filing of a charge sheet.

State opposes bail, points to criminal antecedents

• Opposing the bail application, Additional Public Prosecutor Utkarsh Sharma submitted that the accused had a history of involvement in similar offences and should not be granted the benefit of bail.
• The state contended that while Nakum was initially caught in connection with a specific incident, further investigation suggested his involvement in other undetected thefts, leading to his arraignment in multiple cases.
• The prosecution warned that releasing the accused could increase the risk of reoffending or interfering with the course of justice.
• Given the repeated nature of the alleged crimes and the recoveries made, the state urged the court to exercise caution and deny relief.

Custody since August 2025, chargesheet filed

• Despite these concerns, the court ultimately leaned in favour of granting bail, citing key procedural and legal considerations.
• Nakum has been in judicial custody since August 7, 2025.
• The investigation has been completed and the charge sheet filed, meaning that further detention was no longer necessary for investigative purposes.
• The high court relied on the Supreme Court’s precedent in Sanjay Chandra v. Central Bureau of Investigation (2012), which emphasises that pre-trial detention should not be punitive.
• The top court verdict also states that bail should ordinarily be granted once investigation is complete, unless there are compelling reasons to deny it.
• Considering the nature of the allegations made against the applicant in the First Information Report, 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, the court said.

Strict bail conditions imposed

• While granting relief, the high court imposed a series of conditions aimed at ensuring that the accused does not misuse his liberty.
• Nakum has been directed to furnish a bail bond of Rs 10,000 along with one surety of the same amount.
• In addition, he must not take undue advantage of his liberty or act in a manner prejudicial to the prosecution.
• Surrender his passport, if any, within a week.

• Not leave the state of Gujarat without prior permission of the sessions court.
• Mark his presence at the concerned police station once every month for six months.
• Provide his residential address to the investigating officer and the court, and not change it without prior intimation.
• The court also made it clear that any breach of these conditions would allow the sessions court to take appropriate action, including cancellation of bail.

Trial to proceed independently

• Importantly, the high court clarified that its observations were prima facie and limited to the adjudication of the bail application.
• The trial court has been directed to proceed independently and not be influenced by any remarks made in the order.
• This ensures that the evidence against the accused will be assessed on its own merits during trial, without prejudice arising from the bail proceedings.