Gujarat High Court
Genabhai Punjaji Patel vs State Of Gujarat on 20 November, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/16783/2025 ORDER DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 16783 of 2025
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GENABHAI PUNJAJI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS RIYAH Z SINDHI(12457) for the Applicant(s) No. 1
MR MAHENDRA U VORA(3034) for the Respondent(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/11/2025
ORAL ORDER
1. Heard learned advocate Ms. Riyah Sindhi appearing on behalf
of the applicant and learned Additional Public Prosecutor Ms. Krina
Calla, 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.
NEUTRAL CITATION
R/CR.MA/16783/2025 ORDER DATED: 20/11/2025
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11195050220151/2022 registered with Tharad Police Station,
Banaskantha for the offence punishable under Sections 3, 4(3), 5©,
5(D), 5(E) of the Gujarat Land Grabbing (Prohibition) Act, 2020 and
under Sections 447 and 114 of IPC & Section 329(3) and 54 of BNS,
2023.
4. Learned advocate Ms. Sindhi 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 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 the conditions that may be imposed by
this Court if released on bail. Learned advocate would further
submit that the parties have settled inter-se and while the accused
has already vacated land in question, which was subject matter of
the dispute yet, by way of abundant caution, the applicant would
submit an undertaking before the learned Trial Court that he will
now not try to take over possession of the land in question.
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R/CR.MA/16783/2025 ORDER DATED: 20/11/2025
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5. As against the same, learned Additional Public Prosecutor
Ms. Calla 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. Having regard to the fact that the applicant has prayed for
grant of regular bail, learned Advocates appearing on behalf of the
respective parties do not press for further reasoned order.
7. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The fact of the applicant having been protected by the Division
Bench of this Court vide an order dated 31.03.2022, wherein vires
of the enactment had been challenged and whereas vide a judgment
dated 09.05.2024, the interim relief granted to the applicant and
another similarly situated persons having been vacated;
NEUTRAL CITATION
R/CR.MA/16783/2025 ORDER DATED: 20/11/2025
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ii. The fact of settlement having arrived at and the applicant
submitting that the land in question having been vacated by the
present applicant and the applicant being ready and willing to
submit an undertaking before the learned Trial Court as regards the
same;
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 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. 11195050220151/2022 registered with Tharad Police
Station, Banaskantha, on executing a bond of Rs.10,000/- (Rupees
Ten Thousands only) with one surety of the like amount to the
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R/CR.MA/16783/2025 ORDER DATED: 20/11/2025
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satisfaction of the trial Court and subject to the conditions that she
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 intimation to the I.O.;
[f] to mark his presence once a month for a period of six months;
[g] to file an undertaking before learned Trial Court within a period
of Seven days from release as regards not attempting to take over
possession of the land in question any time hereinafter;
10. The Authorities will release the applicant only if she 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
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R/CR.MA/16783/2025 ORDER DATED: 20/11/2025
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matter.
11. 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.
12. 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.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
PD
