[Cites 1, Cited by 0]
Gujarat High Court
Amitbhai Maheshbhai @ Pachabhai Parmar ... vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8694/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8694 of 2026
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AMITBHAI MAHESHBHAI @ PACHABHAI PARMAR (NAME AS PER
ORDER OF LD. SESSION COURT)
Versus
STATE OF GUJARAT
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Appearance:
MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned APP 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.
11189005251318 of 2025 registered with Morbi Police Station,
Morbi for the offence punishable under Sections 103(1), 189(2),
190, 191(2), 191(3) and 352 of the BNS, 2023 and Section 135 of
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the GP Act.
4. Learned advocate for the applicant would submit that,
considering the role attributed to the applicant, and nature of
the allegation leveled, the applicant may be enlarged on regular
bail. It is further submitted that, since the charge-sheet is filed,
further incarceration of the applicant will not benefit the
Investigation Officer in any manner. 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 charge-sheet, this Court may
not exercise 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. The applicant is a permanent resident of Morbi district,
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hence would be available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. The investigation is completed and charge-sheet has been
laid before the concerned trial court;
iv. Though two eye- witnesses namely Jivrajbhai Jalabhai
Parmer and Ravi Ravjibhai @ Buchiyo Devjibhai Sathaliya in
their respective statements u/s 183 of the BNSS, 2023 have
mentioned about the presence of the applicant at the scene of
offence and more particularly, eye-witness Ravi Ravjibhai @
Buchiyo stating that the applicant and his father had come at
the scene of offence on his electric bike;
v. There is no allegation as regards the applicant having
actually participated in the offence wherein, the son of the
original complainant was murdered.
vi. The knife blows to the deceased were inflicted by co-
accused Dilip Maheshbhai Kanzariya whereas, co-accused
Kishan, Maheshbhai and Prabhubhai had inflicted wooden log
blows;
vii. On perusing the charge-sheet papers it also appears that,
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the applicant was not armed with any weapon at the time of
the commission of the offence;
viii. The apprehension of the learned APP, as regards the
non-availability of the applicant during the trial can be put to
rest by imposing stringent condition.
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 F.I.R. registered
as C.R. No. 11189005251318 of 2025 registered with Morbi Police
Station, Morbi, on executing a bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand only) with one surety of the like amount
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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, and if he does not possess a passport, he shall file an
affidavit to that effect;
[d] not leave the geographical limits of District Morbi without
prior permission of the Sessions Court concerned;
[e] furnish his present address of his residence to the I.O. and
the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and
the court;
[f] mark his presence twice in Morning and Evening from
08.00 am to 10.00 am and 06.00 pm to 08.00 pm, before the
concerned police station for a period of one month, and
thereafter, on every alternate day for another one month,
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and on every Saturday till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file affidavits before the concerned court and
the 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 at liberty to take appropriate
action in the matter.
10. Bail bond to be executed before the trial 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 competent 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
enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
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permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
