[Cites 5, Cited by 0]
Gujarat High Court
Shanabhai Somabhai Baria vs State Of Gujarat on 1 April, 2026
NEUTRAL CITATION
R/CR.A/10/2026 ORDER DATED: 01/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
10 of 2026
==========================================================
SHANABHAI SOMABHAI BARIA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
A R KADRI(7330) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR.NIRAJ SHARMA, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 01/04/2026
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.945 of 2025 registered
with Shahera Police Station, District:Panchmahal, for the
NEUTRAL CITATION
R/CR.A/10/2026 ORDER DATED: 01/04/2026
undefined
offence punishable under Sections 109(1), 115(2), 352, 54
and 351(2) of the BNS and Sections 3(1)(r), 3(1)(s),
3(2)(va) and 3(2)(v) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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 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
NEUTRAL CITATION
R/CR.A/10/2026 ORDER DATED: 01/04/2026
undefined
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 permanent resident of
District:Panchmahal, hence, would be available at the
time of trial.
ii. The applicant does not have any criminal
antecedent.
iii. The complainant who is also the victim, has been
discharged from the hospital.
iv. The injury mentioned by the Medical Officer in the
victim's certificate is simple in nature.
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.
NEUTRAL CITATION
R/CR.A/10/2026 ORDER DATED: 01/04/2026
undefined
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.945 of 2025 registered with
Shahera Police Station, District:Panchmahal, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one local 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
NEUTRAL CITATION
R/CR.A/10/2026 ORDER DATED: 01/04/2026
undefined
a week, and if he does not possess a passport, he shall
file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
the bond along with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark presence on every Monday before the
concerned police station till the trial is over.
[g] not to enter within the local limits of
village:Boriyavi for a period of six months.
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 Court concerned will be at liberty to take
appropriate action in accordance with law.
NEUTRAL CITATION
R/CR.A/10/2026 ORDER DATED: 01/04/2026
undefined
10. Bail bond to be executed before the competent 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 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.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
