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Gujarat High Court
Bhavin Chandrakant Khetani vs State Of Gujarat on 10 April, 2026
NEUTRAL CITATION
R/CR.MA/6398/2026 ORDER DATED: 10/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 6398 of 2026
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BHAVIN CHANDRAKANT KHETANI
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV C THAKKAR(2206) for the Applicant(s) No. 1
MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 10/04/2026
ORAL ORDER
1. 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. 11202001250010 of 2025
registered with Jamnagar Mahila Police Station, Jamnagar.
2. Heard learned Advocate for the Applicant and learned APP for the
Respondent - State.
Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent - State.
3. Learned Advocate for the Applicant has submitted that the Applicant has
good reputation in the society and 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. Per contra, learned APP has opposed the present application for grant of
NEUTRAL CITATION
R/CR.MA/6398/2026 ORDER DATED: 10/04/2026
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regular bail contending that the present Applicant happens to be the husband of
the deceased. The married life between the Applicant and the deceased was
merely of 5 Years and because of the torture meted out to the deceased by the
Applicant, the deceased has committed suicide. Learned APP has therefore
submitted that looking to the nature of offence, this Court may not exercise the
discretion in favour of the applicant and the Application may be dismissed.
5. Heard learned Advocates for the parties and perused the record. The
investigation is over and charge sheet is filed. The Applicant has been arrested
in connection with the present offence on 18.03.2025 and since then the
Applicant is in the custody. The Applicant had earlier preferred Criminal Misc.
Application No. 12014 of 2025 which was allowed to be withdrawn vide order
dated 25.06.2025 and thereafter the present successive bail application has been
preferred.
5.1 This court vide order dated 20.03.2026 had called for the report from the
trial court as regards the status of trial. The report so submitted indicates that
out of 22 witnesses, 4 witnesses have been examined. However, today it is
submitted that 9 witnesses have been examined. It is also submitted that
neither the first informant nor his family members are remaining present before
the learned trial court for giving their depositions. Considering this aspect, the
Application deserves consideration. This court has also considered the
following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly
3 factors which are required to be considered by this court i.e. prima facie case,
availability of Applicant accused at the time of trial and tampering and
hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the
Applicant Accused is not likely to flee away.
NEUTRAL CITATION
R/CR.MA/6398/2026 ORDER DATED: 10/04/2026
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(c) That the Applicant is in custody since 18.03.2025.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
6. Having heard the learned Advocates for the parties and perusing the
record produced in this case as well as taking into consideration the facts of the
case, nature of allegations, gravity of accusation, availability of the Applicant
Accused at the time of Trial etc. and the role attributed to the present Applicant
accused, the present Application deserves to be allowed and accordingly stands
allowed. This Court has also gone through the FIR and police papers and also
the earlier order passed by the learned Sessions Court where the learned
Sessions Judge has disallowed the bail Application at initial stage. The
Applicant Accused is ordered to be released on bail in connection with the
aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of
the like amount to the satisfaction of the trial Court, subject to the following
conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any
person acquainted with the fact of the case so as to dissuade him from
disclosing such facts to the Court or any Police Officer or tamper with the
evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of
residence to the Investigating Officer and to the Trial Court at the time of
executing the bond and shall not change the residence without prior permission
of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties
before the Trial Court. In case of change in such numbers inform in writing
immediately to the trial Court.
(e) mark presence before the concerned Police Station once in a month for a
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period of six months between 11:00 a.m. and 2.00 pm.
(f) file an affidavit stating his immovable properties whether self acquired or
ancestral with description, location and present value of such properties before
the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court.
(h) surrender passport, if any, to the Trial Court within a week. If the Applicant
does not possess passport, shall file an Affidavit to that effect.
7. Bail bond to be executed before the Trial Court having jurisdiction to try
the case. It would be open for the Trial Court concerned to give time to furnish
the solvency certificate if prayed for.
8. If breach of any of the above conditions is committed, the Trial Court
concerned will be free to issue warrant or take appropriate action according to
law. The Authorities will release the Applicant forthwith only if the Applicant
is not required in connection with any other offence for the time being.
9. At the trial, the concerned trial Court shall not be influenced by the
prima facie observations made by this Court in the present order.
10. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
J.N.W / 32
