Gujarat High Court
Brijeshbhai Lilabhai Patel vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/9880/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9880 of 2026
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BRIJESHBHAI LILABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR NIRUPAM NANAVATY, SENIOR COUNSEL WITH MR NEEL P
LAKHANI(10679) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 29/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicants 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 Page 1 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:37 IST 2026 NEUTRAL CITATION R/CR.MA/9880/2026 ORDER DATED: 29/04/2026 undefined Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging him on Regular Bail in connection with FIR being C.R. No. 11210045261179 of 2026 registered with Pandesara Police Station, Surat for the offence punishable under Sections 318(4), 338, 326(b) 336(3), 340(2) and 54 of the BNS, 2023.
4. Mr. Nirupam Nanavaty, learned Senior Advocate assisted by Mr. Neel Lakhani, learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation leveled, the applicant may be enlarged on regular bail. It is further submitted that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail. It is further submitted that, the dispute between the parties has been amicably settled, and respective affidavits have been filed on behalf of the original complainant and the victim in that regard.
5. As against the same, learned Additional Public Page 2 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:37 IST 2026 NEUTRAL CITATION R/CR.MA/9880/2026 ORDER DATED: 29/04/2026 undefined 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, this Court may not exercise discretion in favour of the applicant and the application may be dismissed. 5.1 Mr. Prem Jariwala, learned advocate appears for the original complainant. He is permitted to file his vakalatnama in the Registry. Mr. Jariwala, learned advocate for the original complainant places on record affidavits filed by the original complainant Mr. Yash Kumar Patel and the victim Pathik Jiteshbhai Patel, and submits that, the dispute between the applicant, the original complainant and the victim has been amicably settled. The original complainant as well as the victim are present in the court and they have affirmed the contents of their respective affidavits.
6. I have heard learned advocates appearing on behalf Page 3 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:37 IST 2026 NEUTRAL CITATION R/CR.MA/9880/2026 ORDER DATED: 29/04/2026 undefined of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is permanent a resident of Surat, hence would be available at the time of trial; ii. The applicant has no criminal antecedents; iii. The original complainant Mr. Yash Kumar Patel and the victim Pathik Jiteshbhai Patel have filed affidavits, wherein, they have stated that, the dispute between them and the applicant has been amicably settled, and that, they do not object if bail is granted to the applicant.
iv. The original complainant and the victim are present before the court and they have affirmed the facts of their respective affidavits;
7. 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 Page 4 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:37 IST 2026 NEUTRAL CITATION R/CR.MA/9880/2026 ORDER DATED: 29/04/2026 undefined in [2012] 1 SCC 40.
8. 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.
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. 11210045261179 of 2026 registered with Pandesara Police Station, Surat, on executing a bail 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 they shall;
[a] not take undue advantage of liberty or misuse liberty;
Page 5 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:37 IST 2026
NEUTRAL CITATION R/CR.MA/9880/2026 ORDER DATED: 29/04/2026 undefined [b] not act in a manner injurious to the interest of the prosecution;
[c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect; [d] not leave State of Gujarat without prior permission of the Trial Court concerned;
[e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court; [f] mark his presence on every Sunday before the concerned police station for two months; [g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavit before the concerned court and the police station.
10. The Authorities will release the applicant only if he is not required in connection with any other offence for Page 6 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:37 IST 2026 NEUTRAL CITATION R/CR.MA/9880/2026 ORDER DATED: 29/04/2026 undefined the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial 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 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 applicants on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) DIVYA PILLAI Page 7 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:37 IST 2026