[Cites 1, Cited by 0]
Gujarat High Court
Atulsinh Champaksinh Jadav vs State Of Gujarat on 2 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/23187/2025 ORDER DATED: 02/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 23187 of 2025
========================================================
ATULSINH CHAMPAKSINH JADAV
Versus
STATE OF GUJARAT
========================================================
Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Tushar Chaudhary on behalf of the
applicant and learned Additional Public Prosecutor Mr. J.K. Shah for the
respondent-State.
2. The present applicant who has been arraigned as an accused has
preferred 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. 11195010250131 of 2025 registered
with Palanpur West Police Station, District: Banaskantha for offences
punishable under Sections 189(2), 191(3), 190, 140(1), 308(6), 308(7), 115(2),
296(B), 351(3), 61(2) of the Bhatriya Nyay Sanhita, 2023 after filing of the
charge-sheet more particularly the application preferred by the applicant
having been rejected by the learned Trial Court.
3. Learned Advocate for the applicant would submit that considering
NEUTRAL CITATION
R/CR.MA/23187/2025 ORDER DATED: 02/04/2026
undefined
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.
4. 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.
5. This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The allegation being serious inasmuch as the accused are
alleged to have honey-trapped the complainant and had extorted an
amount of Rs. 3.89 Lacs from the complainant .
(ii) Prima facie it would appear that the present applicant may
have been the principal accused i.e. the main conspirator .
(iii) It would also appear that there are enough materials to connect
the present applicant to the offence in question.
NEUTRAL CITATION
R/CR.MA/23187/2025 ORDER DATED: 02/04/2026
undefined
(iv) Having observed as above, yet this Court has taken into
consideration the fact that the present applicant is in custody since
21.09.2025,charge-sheet having been filed by the Investigating Officer
and the applicant not having any antecedents more particularly the
applicant stated to be 23 years old person.
(v) This Court has also considered that all other accused having
been considered by this Court and learned Co-ordinate Benches.
(vi) Having regard to such a position, to this Court at this stage,
interference is required.
6. 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 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. 11195010250131
of 2025 registered with Palanpur West Police Station, District:
Banaskantha on executing a bond of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one surety of the like amount to the satisfaction of
NEUTRAL CITATION
R/CR.MA/23187/2025 ORDER DATED: 02/04/2026
undefined
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] Mark his presence in the concerned Police Station once in a
week for a period of three months, every 15 days for a period
of six months thereafter and once in a month for a period
of six month thereafter;
[f] 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 residential address without prior intimation to the
I.O.
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 Judge concerned will be
free to take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction
NEUTRAL CITATION
R/CR.MA/23187/2025 ORDER DATED: 02/04/2026
undefined
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 service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
