[Cites 1, Cited by 0]
Gujarat High Court
Sahil @ Bango Mehbubbhai Chauhan vs State Of Gujarat on 2 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7644/2026 ORDER DATED: 02/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 7644 of 2026
==========================================================
SAHIL @ BANGO MEHBUBBHAI CHAUHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR SAHEEL S KADRI(11239) for the Applicant(s) No. 1
MR J K SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Saheel S. Kadri 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. 11198019260037 of
2026 registered with Gariyadhar Police Station, District Bhavnagar, for
the offence punishable under Sections 305(a), 331(3), 331(4) and 54 of
the Bharatiya Nyaya Sanhita, 2023.
4. Learned Advocate for the applicant would submit that considering
NEUTRAL CITATION
R/CR.MA/7644/2026 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 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 affidavit of the Investigating Officer, 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. Allegation being that the applicant had dealt in stolen property.
ii. The allegation being that the co-accused had stolen 119 cans of
paints of various companies from the godown of the complainant and
whereas the present applicant is alleged to have helped the co-accused
in selling the said paint for a commission. No other role have been
attributed to the present applicant.
NEUTRAL CITATION
R/CR.MA/7644/2026 ORDER DATED: 02/04/2026
undefined
iii. The fact that the applicant is aged around 21 years, without any
antecedent, in custody since 19.02.2026.
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 FIR being C.R. No.
11198019260037 of 2026 registered with Gariyadhar Police Station,
District Bhavnagar, on executing a bond of Rs.30,000/- (Rupees Thirty
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;
NEUTRAL CITATION
R/CR.MA/7644/2026 ORDER DATED: 02/04/2026
undefined
[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 week till the charge-sheet is filed and
thereafter once a month for a period of six 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 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.
NEUTRAL CITATION
R/CR.MA/7644/2026 ORDER DATED: 02/04/2026
undefined
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)
BDSONGARA
