Gujarat High Court
Sanjaybhai Jivabhai Bariya vs State Of Gujarat on 28 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/9808/2026 ORDER DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9808 of 2026
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SANJAYBHAI JIVABHAI BARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR HARSHIL G BHAVSAR(11263) for the Applicant(s) No. 1
MR RUTURAJ NANAVATI(5624) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Ruturaj Nanavati appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya 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. 11186003260087 of 2026 registered with Nanabandar Marine Police Station, District Gir- Somnath, for the offence punishable under Sections 108 and 54 of the Bharatiya Nyaya Sanhita, 2023.
4. Learned Advocate for the applicant would submit that considering Page 1 of 6 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:43 IST 2026 NEUTRAL CITATION R/CR.MA/9808/2026 ORDER DATED: 28/04/2026 undefined 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, 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 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 the 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. Allegation being that the accused had abetted the deceased in committing suicide.
ii. It would appear in this regard that accused Umesh, i.e. brother of the present applicant, appears to have an extramarital relationship with the deceased and whereas in course of the extramarital relationship, Page 2 of 6 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:43 IST 2026 NEUTRAL CITATION R/CR.MA/9808/2026 ORDER DATED: 28/04/2026 undefined the said accused had saved certain chats and videos of the deceased and whereas, the said accused not deleting the same inspite of the complainant i.e. husband of the deceased informing him to do so and whereas the accused having allegedly sought return of an amount of Rs. 50,000/- from the deceased and her husband which the accused Umesh, had allegedly given to the deceased.
iii. Prima facie it would appear that the allegations are against the accused Umesh and whereas the allegations against the present applicant being that the applicant, as brother of the said accused, had supported the said accused.
iv. It would appear that the accused Umesh having filed a complaint with the Navabandar Marine Police Station on 23.01.2026, wherein he had clearly stated that he was not ready to delete the photographs and the chats recording between him and the deceased, as well as his statement to the husband of the deceased as regards not deleting the chats and the video, appear to be the trigger point for the unfortunate act and whereas it would not appear that the same had any co-relation with any act committed by the present applicant. v. This Court has also considered the fact that the applicant is in custody since 26.01.2026, the charge-sheet having been filed and the applicant not having any antecedent.
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NEUTRAL CITATION R/CR.MA/9808/2026 ORDER DATED: 28/04/2026 undefined vi. Apprehension raised by learned APP, as regards the present accused and the family of the deceased being neighbours and releasing the applicant may result into a law and order issue, could be allayed by imposing appropriate conditions.
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.
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. 11186003260087 of 2026 registered with Nanabandar Marine Police Station, District Gir-Somnath, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one 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; Page 4 of 6 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:43 IST 2026
NEUTRAL CITATION R/CR.MA/9808/2026 ORDER DATED: 28/04/2026 undefined [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.; [e] not enter Una Taluka for a period of six months. [f] mark presence before the Kodinar Police Station, District Gir- Somnath once a month for a period of six months, and thereafter once a month for a period of six months before the concerned police station.
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 Sessions Court concerned will be free to take appropriate action in the matter.
10. 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. Page 5 of 6 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:43 IST 2026
NEUTRAL CITATION R/CR.MA/9808/2026 ORDER DATED: 28/04/2026 undefined
11. 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.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) BDSONGARA Page 6 of 6 Uploaded by BHUPENDRASINH SONAGRA(HC01082) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:35:43 IST 2026