[Cites 2, Cited by 0]
Gujarat High Court
Kiranbhai Kaththadbhai Baral vs State Of Gujarat on 1 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/1411/2026 ORDER DATED: 01/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1411 of 2026
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KIRANBHAI KATHTHADBHAI BARAL
Versus
STATE OF GUJARAT
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Appearance:
MALAY S PATEL(8901) for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/04/2026
ORAL ORDER
1. Heard learned advocate Mr.Malay Patel appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr.J.K.Shah 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. 11198053250640/2025 registered with Talaja
Police Station, Bhavnagar for the offence punishable under
Sections 64(2)(f), 64(2)(m), 115(2) of the BNS and Section 135
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R/CR.MA/1411/2026 ORDER DATED: 01/04/2026
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of the G.P. Act.
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
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:-
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i. It would appear that vide an order dated 30.01.2026,
this Court had recorded the submissions of learned
advocate Mr.Ashish Dagli appearing for learned advocate
Mr.Malay Patel that the applicant had been wrongly
implicated, more particularly, the submission of learned
advocate being that the complainant was the real sister of
the present applicant and whereas, serious allegations of
rape etc. had been levelled since the present applicant was
objecting to a relationship which the complainant had with
the third party.
ii. It was, under such circumstance, that this Court had
accepted the request of learned advocate Mr.Dagli that the
DFS may conduct a Narco Analysis of the present applicant
at the cost of the applicant himself.
iii. This Court had also further facilitated the Narco Analysis
by directing release of the present applicant on temporary
bail vide order dated 24.02.2026 more particularly
restricting the movement of the present applicant in
Gandhinagar District only.
iv. Today, learned APP Mr.Shah tenders a copy of report of
the DFS and whereas, perusing the same, it would appear
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that the Narco Analysis test of the applicant has revealed
that he was not involved in the alleged crime of committing
rape upon the complainant and of burning the complainant
using cigarette butts.
v. It also appears that on the date of the allegation, the
present applicant, as per the Narco Analysis report, was
travelling from Jaipur to Ahmedabad and the present
applicant was also travelling on another day when the
alleged incident had happened i.e. on 22.08.2025.
vi. It also appears from the Narco Analysis report that the
complainant was in a relationship with one Lalji and
whereas, since the present applicant was a hindrance to
the said relationship, the allegations may have been
levelled.
vii. Considering the Narco Analysis report, more
particularly, since it prima facie excludes the present
applicant from having committed the alleged offence in
question, to this Court, it would appear that the application
deserves interference.
viii.It is clarified that the above observations are tentative in
nature and would not influence the learned Trial Court at
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the stage of trial.
ix. A copy of the Narco Analysis report tendered by learned
APP is taken on record.
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 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. 11198053250640/2025 registered with
Talaja Police Station, Bhavnagar, on executing a bond of
Rs.10,000/- (Rupees Ten 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;
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[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] mark presence once a month for a period of three
months 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
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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 service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
