[Cites 1, Cited by 0]
Gujarat High Court
Sanjaybhai Jivabhai Bariya vs State Of Gujarat on 28 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/9808/2026 ORDER DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9808 of 2026
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SANJAYBHAI JIVABHAI BARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR HARSHIL G BHAVSAR(11263) for the Applicant(s) No. 1
MR RUTURAJ NANAVATI(5624) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 28/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Ruturaj Nanavati appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr. Trupesh
Kathiriya 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. 11186003260087 of
2026 registered with Nanabandar Marine Police Station, District Gir-
Somnath, for the offence punishable under Sections 108 and 54 of the
Bharatiya Nyaya Sanhita, 2023.
4. Learned Advocate for the applicant would submit that considering
NEUTRAL CITATION
R/CR.MA/9808/2026 ORDER DATED: 28/04/2026
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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, no useful purpose would be served by
keeping the applicant in jail for indefinite period. 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 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 abetted the deceased in
committing suicide.
ii. It would appear in this regard that accused Umesh, i.e. brother of
the present applicant, appears to have an extramarital relationship with
the deceased and whereas in course of the extramarital relationship,
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R/CR.MA/9808/2026 ORDER DATED: 28/04/2026
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the said accused had saved certain chats and videos of the deceased
and whereas, the said accused not deleting the same inspite of the
complainant i.e. husband of the deceased informing him to do so and
whereas the accused having allegedly sought return of an amount of
Rs. 50,000/- from the deceased and her husband which the accused
Umesh, had allegedly given to the deceased.
iii. Prima facie it would appear that the allegations are against the
accused Umesh and whereas the allegations against the present
applicant being that the applicant, as brother of the said accused, had
supported the said accused.
iv. It would appear that the accused Umesh having filed a complaint
with the Navabandar Marine Police Station on 23.01.2026, wherein he
had clearly stated that he was not ready to delete the photographs and
the chats recording between him and the deceased, as well as his
statement to the husband of the deceased as regards not deleting the
chats and the video, appear to be the trigger point for the unfortunate
act and whereas it would not appear that the same had any co-relation
with any act committed by the present applicant.
v. This Court has also considered the fact that the applicant is in
custody since 26.01.2026, the charge-sheet having been filed and the
applicant not having any antecedent.
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R/CR.MA/9808/2026 ORDER DATED: 28/04/2026
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vi. Apprehension raised by learned APP, as regards the present
accused and the family of the deceased being neighbours and releasing
the applicant may result into a law and order issue, could be allayed
by imposing appropriate 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
to be released on bail in connection with FIR being C.R. No.
11186003260087 of 2026 registered with Nanabandar Marine Police
Station, District Gir-Somnath, 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 liberty;
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R/CR.MA/9808/2026 ORDER DATED: 28/04/2026
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[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.;
[e] not enter Una Taluka for a period of six months.
[f] mark presence before the Kodinar Police Station, District Gir-
Somnath once a month for a period of six months, and thereafter once
a month for a period of six months before the concerned 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 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.
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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
