Gujarat High Court
Shanabhai Somabhai Baria vs State Of Gujarat on 1 April, 2026
NEUTRAL CITATION
R/CR.A/10/2026 ORDER DATED: 01/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
10 of 2026
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SHANABHAI SOMABHAI BARIA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
A R KADRI(7330) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR.NIRAJ SHARMA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 01/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor 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.945 of 2025 registered with Shahera Police Station, District:Panchmahal, for the Page 1 of 6 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:38:39 IST 2026 NEUTRAL CITATION R/CR.A/10/2026 ORDER DATED: 01/04/2026 undefined offence punishable under Sections 109(1), 115(2), 352, 54 and 351(2) of the BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. Learned advocate 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, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. It is further contended that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail.
5. As against the same, learned Additional Public Prosecutor 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 Page 2 of 6 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:38:39 IST 2026 NEUTRAL CITATION R/CR.A/10/2026 ORDER DATED: 01/04/2026 undefined discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is a permanent resident of District:Panchmahal, hence, would be available at the time of trial.
ii. The applicant does not have any criminal antecedent.
iii. The complainant who is also the victim, has been discharged from the hospital. iv. The injury mentioned by the Medical Officer in the victim's certificate is simple in nature. 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.
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NEUTRAL CITATION R/CR.A/10/2026 ORDER DATED: 01/04/2026 undefined
7. In the facts and circumstances of the case and 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.
8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No.945 of 2025 registered with Shahera Police Station, District:Panchmahal, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he 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 Page 4 of 6 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:38:39 IST 2026 NEUTRAL CITATION R/CR.A/10/2026 ORDER DATED: 01/04/2026 undefined a week, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond along with documentary proof and shall not change his residence without prior intimation to the I.O. and the court;
[f] mark presence on every Monday before the concerned police station till the trial is over. [g] not to enter within the local limits of village:Boriyavi for a period of six months.
9. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Court concerned will be at liberty to take appropriate action in accordance with law. Page 5 of 6 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:38:39 IST 2026
NEUTRAL CITATION R/CR.A/10/2026 ORDER DATED: 01/04/2026 undefined
10. Bail bond to be executed before the competent 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.
11. At the stage of trial, the competent 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 enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH Page 6 of 6 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:38:39 IST 2026