[Cites 2, Cited by 0]
Gujarat High Court
Ketan @ Bhano Somabhai Bathvar(Name As ... vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8817/2026 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. 8817 of 2026
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KETAN @ BHANO SOMABHAI BATHVAR(NAME AS PER LD. SESSIONS
COURTs ORDER)
Versus
STATE OF GUJARAT
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Appearance:
SAJID Y KARIYANIYA(9619) 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 Mr. Sajid Y. Kariyaniya
appearing on behalf of the applicant and learned
Additional Public Prosecutor Mr. Soaham Joshi 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. 11211050250527 of 2025
registered with Thangadh Police Station, Surendranagar,
NEUTRAL CITATION
R/CR.MA/8817/2026 ORDER DATED: 23/04/2026
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for the offence punishable under Sections 109(1), 115(2),
191(1), 191(2), 191(3), 190, 352, 332(b) of the BNS and
Section 135 of the Gujarat Police Act.
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 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.
Learned advocate upon instructions submits that the
applicant will remain within the State of Gujarat during
the trial.
5. Heard learned Additional Public Prosecutor appearing
on behalf of the Respondent-State. He has strongly
resisted this application, stating that the applicant's role
and co-accused Ajay's role are identical in nature and
both; the applicant and Ajay, were aware that co-accused
Uday Solanki was having knife. All the accused persons
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R/CR.MA/8817/2026 ORDER DATED: 23/04/2026
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have formed an unlawful assembly and gathered near
the house of the original complainant. Hence, in spite of
the injured victim Jayanti Chavda having been
discharged from the hospital, this is not a fit case where
discretion should be exercised in favour of the applicant
and hence, this application should be rejected.
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 District:
Surendranagar, hence, would be available at the time of
trial.
ii. The applicant does not have any criminal antecedents.
iii. The victim Jayanti Ramjibhai Chavda, who as per
the prosecution case, was caught hold by the applicant
and the co-accused Ajay, after which, co-accused Uday
has inflicted knife blows to him, and said Jayantibhai
has been discharged from the hospital on 11.09.2025.
iv. The role of the applicant is akin to that of co-
accused Ajay Maheshbhai Rathod, who has been granted
regular bail by this Court vide order passed in Cr.M.A.
No.418/2026 on 01.04.2026.
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R/CR.MA/8817/2026 ORDER DATED: 23/04/2026
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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. 11211050250527 of 2025
registered with Thangadh Police Station, Surendranagar,
on executing a bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) with one local 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;
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[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 State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
the bond along with documentary proof and shall not
change his residence without prior intimation to the I.O.
and the court;
[f] mark presence on every Tuesday before the concerned
police station till the trial is over.
[g] applicant shall not enter Surendranagar District till
completion of the trial, except for marking his presence
before the concerned police station, and except for
attending the competent Court during the trial;
[h] not indulge in similar kind of offence hereinafter, for
which, he shall file an affidavit 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
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committed, the Court concerned will be at liberty to take
appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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 permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
