Gujarat High Court
Chudesara Nizam Ganibhai vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11600/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11600 of 2026
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CHUDESARA NIZAM GANIBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR RUCHIT J VYAS(10687) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
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 the applicant on Regular Bail in connection with FIR being C.R. No. 11198001240017/2024 registered with Nilambaug Police Station, Bhavnagar for the offences punishable under Sections 406, 420, 465, 467, Page 1 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:21:04 IST 2026 NEUTRAL CITATION R/CR.MA/11600/2026 ORDER DATED: 13/05/2026 undefined 468, 471, 186, 34 of the IPC, Sections 66(c), 66(d) of the Information Technology Act read with Sections 3(1), 3(2), 3(3), 3(4), 3(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.
3.1. While the offence is very serious, yet, the present application has been pressed by learned advocate for the applicant only on the ground of delay in completion of the trial. It is submitted by learned advocate that the applicant is in custody since 21.02.2024 and whereas, the trial has not proceeded effectively.
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 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 Page 2 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:21:04 IST 2026 NEUTRAL CITATION R/CR.MA/11600/2026 ORDER DATED: 13/05/2026 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 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. It would appear that the learned Coordinate Bench of this Court vide order dated 10.04.2026 in Criminal Misc. Application No.6083/2026 has considered one co-accused Jatin @ Jalaram for enlargement on regular bail, who according to learned advocates for the applicant, has a much serious role attributed than the present applicant, and whereas, the said applicant had been released by learned Coordinate Bench more particularly considering that, while the applicant had undergone incarceration for more than two years, the prosecution has cited 150 witnesses of which only 18 witnesses had been examined Page 3 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:21:04 IST 2026 NEUTRAL CITATION R/CR.MA/11600/2026 ORDER DATED: 13/05/2026 undefined and 17 witnesses had been dropped and whereas, approximately 120 witnesses were remaining to be examined. Considering the same, since it would appear that the trial would not complete any time soon, the said co-accused had been released.
ii. It would appear that the said observation would apply mutatis mutandis in case of the present applicant also since the applicant is also in custody since February, 2024 which is more than a period of two years and whereas, the trial would not complete any time soon considering that around 120 witnesses are yet to be examined, having regard to the same, this Court is inclined to consider this application.
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 Page 4 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:21:04 IST 2026 NEUTRAL CITATION R/CR.MA/11600/2026 ORDER DATED: 13/05/2026 undefined 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 F.I.R. registered as C.R. No. 11198001240017/2024 registered with Nilambaug Police Station, Bhavnagar, on executing a bond of Rs.50,000/- (Rupees Fifty 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 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 Page 5 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:21:04 IST 2026 NEUTRAL CITATION R/CR.MA/11600/2026 ORDER DATED: 13/05/2026 undefined intimation to the I.O.;
[f] mark presence once a month for a period of one year 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.
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 Page 6 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:21:04 IST 2026 NEUTRAL CITATION R/CR.MA/11600/2026 ORDER DATED: 13/05/2026 undefined service is permitted.
(UTKARSH THAKORBHAI DESAI, J) MAYA Page 7 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Fri May 15 2026 Downloaded on : Sat May 16 00:21:04 IST 2026