Gujarat High Court
Genabhai Punjaji Patel vs State Of Gujarat on 20 November, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/16783/2025 ORDER DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 16783 of 2025
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GENABHAI PUNJAJI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS RIYAH Z SINDHI(12457) for the Applicant(s) No. 1
MR MAHENDRA U VORA(3034) for the Respondent(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/11/2025
ORAL ORDER
1. Heard learned advocate Ms. Riyah Sindhi appearing on behalf of the applicant and learned Additional Public Prosecutor Ms. Krina Calla, appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. Page 1 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:09:55 IST 2025 NEUTRAL CITATION R/CR.MA/16783/2025 ORDER DATED: 20/11/2025 undefined 11195050220151/2022 registered with Tharad Police Station, Banaskantha for the offence punishable under Sections 3, 4(3), 5©, 5(D), 5(E) of the Gujarat Land Grabbing (Prohibition) Act, 2020 and under Sections 447 and 114 of IPC & Section 329(3) and 54 of BNS, 2023.
4. Learned advocate Ms. Sindhi for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that the charge-sheet is filed no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by the conditions that may be imposed by this Court if released on bail. Learned advocate would further submit that the parties have settled inter-se and while the accused has already vacated land in question, which was subject matter of the dispute yet, by way of abundant caution, the applicant would submit an undertaking before the learned Trial Court that he will now not try to take over possession of the land in question. Page 2 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:09:55 IST 2025
NEUTRAL CITATION R/CR.MA/16783/2025 ORDER DATED: 20/11/2025 undefined
5. As against the same, learned Additional Public Prosecutor Ms. Calla appearing for the respondent - State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
6. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The fact of the applicant having been protected by the Division Bench of this Court vide an order dated 31.03.2022, wherein vires of the enactment had been challenged and whereas vide a judgment dated 09.05.2024, the interim relief granted to the applicant and another similarly situated persons having been vacated; Page 3 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:09:55 IST 2025
NEUTRAL CITATION R/CR.MA/16783/2025 ORDER DATED: 20/11/2025 undefined ii. The fact of settlement having arrived at and the applicant submitting that the land in question having been vacated by the present applicant and the applicant being ready and willing to submit an undertaking before the learned Trial Court as regards the same;
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
8. In the facts and circumstances of the case and considering the nature of the allegations made against 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.
9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11195050220151/2022 registered with Tharad Police Station, Banaskantha, on executing a bond of Rs.10,000/- (Rupees Ten Thousands only) with one surety of the like amount to the Page 4 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:09:55 IST 2025 NEUTRAL CITATION R/CR.MA/16783/2025 ORDER DATED: 20/11/2025 undefined satisfaction of the trial Court and subject to the conditions that she shall;
[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.; [f] to mark his presence once a month for a period of six months; [g] to file an undertaking before learned Trial Court within a period of Seven days from release as regards not attempting to take over possession of the land in question any time hereinafter;
10. The Authorities will release the applicant only if she is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be free to take appropriate action in the Page 5 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:09:55 IST 2025 NEUTRAL CITATION R/CR.MA/16783/2025 ORDER DATED: 20/11/2025 undefined matter.
11. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.
12. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) PD Page 6 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:09:55 IST 2025