[Cites 7, Cited by 0]
Gujarat High Court
Niru @ Pooja Sohansinh Janaksingh Yadav vs State Of Gujarat on 24 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/27364/2025 ORDER DATED: 24/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR
BAIL - AFTER CHARGESHEET) NO. 27364 of 2025
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NIRU @ POOJA SOHANSINH JANAKSINGH YADAV
Versus
STATE OF GUJARAT
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Appearance:
DEVANSHI P MALKAN(9307) for the Applicant(s) No. 1
MR YASH K DAVE(10269) for the Applicant(s) No. 1
MS DIVYANGNA JHALA ADDITIONAL PUBLIC PROSECUTOR for
the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Yash K. Dave for the
applicant and learned APP Ms. Divyangana Zala
for the respondent - State.
2. By way of this Successive Bail application filed
under Section 439 of the Code of Criminal
Procedure, 1973, the applicant is seeking
release on regular bail in connection with the
FIR being C.R.No.11210046210142 of 2021
registered with Puna Police Station, District
Surat for the offence punishable under Sections
302, 498(A), 201, 120B of Indian Penal Code and
Section 3 and 4 of Dowry Prohibition Act.
NEUTRAL CITATION
R/CR.MA/27364/2025 ORDER DATED: 24/04/2026
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3. Learned advocate for the applicant submitted
that, the applicant is not involved in
commission of offence as alleged in the FIR and
therefore, looking to the role of the applicant
and nature of the allegations, the applicant is
required to be enlarged on regular bail by
imposing suitable terms and conditions.
4. On the other hand, learned APP appearing for the
respondent - State vehemently submits that, the
offences, which have been charged, are serious
in nature affecting the society at large and
looking to the facts as well as the allegations
made against the applicant, no discretion would
be required to be exercised.
5. In the facts and circumstances of the case and
considering the nature of allegations, this
Court is of the opinion that, discretion is
required to be exercised to enlarge the
applicant on regular bail. This Court has
considered the following facts while exercising
discretion in favour of the applicant :-
(i) the applicant is in jail since 04.04.2022;
(ii) the investigation is over and the charge-
sheet is filed;
(iii) Though the trial is ongoing and 37 out of
38 witnesses have already been examined,
NEUTRAL CITATION
R/CR.MA/27364/2025 ORDER DATED: 24/04/2026
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the proceedings are not concluding as the
remaining witness, Reshma, has not been
traceable for a long time;
(iv) The Hon'ble Supreme Court has already
considered the co-accused, viz. Sohansinh
Janaksingh @ Mohabbatsingh Yadav, for grant
of bail vide its order dated 29th October,
2025 in Criminal Appeal No. 4663 of 2025,
and as the said accused is the father-in-
law while the present applicant is the
sister-in-law, the present applicant may
also be granted bail on the ground of
parity.
(v) The trial may take its own time to conclude,
and the present applicant has already been
in jail for four years and is a lady
accused.
6. In view of the aforesaid facts, without
discussing the evidence in detail, this Court,
prima facie, is of the opinion that, this is a
fit case to exercise the discretion and enlarge
the applicant on regular bail. Hence, present
application is allowed and the applicant is
ordered to be released on regular bail in
connection with the FIR being
C.R.No.11210046210142 of 2021registered with
Puna Police Station, District Surat on executing
personal bond of Rs.10,000/- (Rupees Ten
thousand only) with one surety of the like
NEUTRAL CITATION
R/CR.MA/27364/2025 ORDER DATED: 24/04/2026
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amount to the satisfaction of the learned Trial
Court and subject to the conditions that she
shall;
[a] not take undue advantage of liberty or
misuse 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 India without prior permission of
the Sessions Judge concerned;
[e] furnish latest address of residence to the
Investigating Officer and also to the
Court at the time of execution of the bond
and shall not change the residence without
prior permission of the trial Court;
[f] mark her presence before the concerned
police station in the first week of every
month till the trial is over;
7. The Authorities will release the applicant only
if the applicant 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 issue warrant or take appropriate action
in the matter. Bail bond to be executed before
the learned 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. At the
NEUTRAL CITATION
R/CR.MA/27364/2025 ORDER DATED: 24/04/2026
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trial, learned Trial Court shall not be
influenced by the observations of preliminary
nature, qua the evidence at this stage, made by
this Court while enlarging the applicant on
bail.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(NIRZAR S. DESAI,J)
Pallavi
