[Cites 3, Cited by 0]
Gujarat High Court
Vipul Bharatbhai Bariya vs State Of Gujarat on 21 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/8334/2026 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 8334 of 2026
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VIPUL BHARATBHAI BARIYA
Versus
STATE OF GUJARAT
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Appearance:
DEVANSHI P MALKAN(9307) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/04/2026
ORAL ORDER
1. Heard learned Advocate Ms. Devanshi P. Malkan appearing on
behalf of the applicant and learned Additional Public Prosecutor
Mr.Hardik Mehta 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. 11821048260274 of
2026 registered with Sukhsar Police Station, District Dahod, for the
offence punishable under Sections 109, 351(3), 352 and 54 of the
Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat Police
Act.
NEUTRAL CITATION
R/CR.MA/8334/2026 ORDER DATED: 21/04/2026
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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 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 accused had abused the complainant and
had also inflicted a stab injury corresponding to an offence punishable
under Section 109 of the BNS.
ii. The fact of the present applicant being present at the site being one
of the persons who was driving the bike, which had intercepted the
NEUTRAL CITATION
R/CR.MA/8334/2026 ORDER DATED: 21/04/2026
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complainant, yet, it also appears that the present applicant was not the
accused who had inflicted the knife blow.
iii. While it appears that the present applicant is alleged to have held
the complainant, while the knife blow was being inflicted and whereas
it would appear that the parties had some quarrel day before the
incident and the present incident appears to be a fallout thereof.
iv. The fact of the present applicant being a young person aged around
20 years in custody since 01.03.2026 without any antecedent.
v. Apprehension expressed by learned APP could be allayed by
imposing suitable conditions.
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
NEUTRAL CITATION
R/CR.MA/8334/2026 ORDER DATED: 21/04/2026
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to be released on bail in connection with FIR being C.R. No.
11821048260274 of 2026 registered with Sukhsar Police Station, District
Dahod, 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;
[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] not enter Taluka Fatepura till the charge-sheet is filed and
thereafter for a period of three months.
[g] mark presence once a week till the charge-sheet is filed and
thereafter once a month for a period of three months before the
Santrampur Police Station, District Mahisagar.
9. The Authorities will release the applicant only if he is not required
NEUTRAL CITATION
R/CR.MA/8334/2026 ORDER DATED: 21/04/2026
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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.
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
