[Cites 9, Cited by 0]
Gujarat High Court
Sohel Isa Ahmed Bhatta vs State Of Gujarat on 15 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/627/2026 ORDER DATED: 15/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
627 of 2026
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SOHEL ISA AHMED BHATTA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR P P MAJMUDAR(5284) for the Appellant(s) No. 1
KUMAR H TRIVEDI(9364) for the Opponent(s)/Respondent(s) No. 2
MR TRUPESH KATHIRIYA, ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/04/2026
ORAL ORDER
1. Heard learned Advocate Mr.P.P.Majmudar appearing on
behalf of the appellant, learned Additional Public Prosecutor
Mr.Trupesh Kathiriya on behalf of the respondent-State and
learned advocate Mr.Kumar Trivedi appearing on behalf of
the original complainant.
2. Rule. Learned APP waives service of rule on behalf of
the respondent- State and learned advocate Mr.Trivedi waives
service of rule on behalf of respondent no.2.
3. The present appeal is filed by appellant under Section
14-A of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act read with Section 483 of the
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R/CR.A/627/2026 ORDER DATED: 15/04/2026
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Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for regular
bail in connection with F.I.R. bearing C.R. No.
11199011260002 of 2026 registered with Bharuch Rural
Police Station, Bharuch for offences punishable under
Sections 79, 115(2), 117(1), 118(2), 352, 351(3), 189(2),
189(4), 191(1), 191(2), 191(3), 190 of the Bhartiya Nyay
Sanhita (BNS), Sections 3(1)(r), 3(1)(s), 3(1)(y), 3(1)(w)(ii),
3(1)(za)A, 3(2)(v), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 and
Section 135 of the Gujarat Police Act.
4. Learned advocate for the appellant would submit that
considering the role attributed to the appellant, and nature of
the allegation levelled, the appellant 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 appellant in jail for indefinite period. It is further
contended that the appellant 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 and learned
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advocate for the complainant have 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
appellant, this Court may not exercise the discretion in favour
of the appellant and the appeal may be dismissed.
6. 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 that the accused had inflicted
injuries corresponding to offence punishable under Sections
115(2), 117(1), 118(2) etc. and also committed offence under
the Atrocities Act.
ii. The fact of the persons who had committed the more
serious part of the offence i.e. punishable under Section
115(2), 117(2) and 118(2) being the appellant no.1 of Criminal
Appeal No.754/2026 and appellant no.3 of Criminal Appeal
No.754/2026 having committed offence punishable under the
Atrocities Act, having withdrawn their appeals by way of
order of even date.
iii. The fact of there being general allegations against all
the other accused and no specific role of having assaulted,
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being attributed to them.
iv. The fact of the appellant not having any antecedents.
7. 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.
8. In the facts and circumstances of the case and
considering the nature of allegations made in the FIR and
without discussing the evidence in details as well as without
going into details, prima-facie, this Court is of the opinion that
this is a fit case to exercise the discretion to enlarge the
appellant on bail.
9. Hence, the appeal is allowed and the appellant is
ordered to be released on bail in connection with FIR being
C.R. No. 11199011260002 of 2026 registered with Bharuch
Rural Police Station, Bharuch on executing a bond of
Rs.25,000/- (Rupees Twenty-Five 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
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liberty;
[b] not act in a manner injuries 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 Judge 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 Investigating Officer
concerned ;
[f] mark presence once a month for a period of six
months before the concerned police station.
10. The Authorities will release the appellant 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.
11. Bail bond to be executed before the lower court having
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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.
12. 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 appeal of the appellant for being released on
regular bail.
13. The appeal is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
