Gujarat High Court
Maheshbhai Gordhanbhai Bhayani vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/10970/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 10970 of 2026
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MAHESHBHAI GORDHANBHAI BHAYANI
Versus
STATE OF GUJARAT
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Appearance:
RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 12/05/2026
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 Page 1 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:14 IST 2026 NEUTRAL CITATION R/CR.MA/10970/2026 ORDER DATED: 12/05/2026 undefined the applicant on Regular Bail in connection with FIR being C.R. No. 11214023260192 of 2026 registered with Kadodara GIDC Police Station, Surat for the offence punishable under Sections 303(2), 316(3), 317(4) and 61(2)(a) of the BNS Act, 2023.
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 Page 2 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:14 IST 2026 NEUTRAL CITATION R/CR.MA/10970/2026 ORDER DATED: 12/05/2026 undefined 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 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 resident of Junagadh, hence would be available at the time of trial.
ii. The applicant does not have any criminal antecedents. iii. As per the prosecution case, the applicant had purchased chemical from the co-accused Devendrasingh and had sent co-accused Chandandkumar with a Bolero Max Jeep to fetch/collect the said chemical, which was thereafter kept in the applicant's godown.
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NEUTRAL CITATION R/CR.MA/10970/2026 ORDER DATED: 12/05/2026 undefined iv. The role of the applicant is similar to the co-accused Mohammad Nasimkhan Shafiqkhan, who has been released on regular bail by a Coordinate Bench of this Court vide order dated 07.05.2026 in Criminal Misc. Application No. 11054 of 2026.
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 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.
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NEUTRAL CITATION R/CR.MA/10970/2026 ORDER DATED: 12/05/2026 undefined
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. 11214023260192 of 2026 registered with Kadodara GIDC 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 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 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] 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 Page 5 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Tue May 12 2026 Downloaded on : Tue May 12 23:59:14 IST 2026 NEUTRAL CITATION R/CR.MA/10970/2026 ORDER DATED: 12/05/2026 undefined the I.O. and the court;
[e] mark his presence on every Monday before the concerned police station for three months; [f] not indulge in similar kind of offence hereinafter, for which, he shall file an 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 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.
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NEUTRAL CITATION R/CR.MA/10970/2026 ORDER DATED: 12/05/2026 undefined
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 applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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