[Cites 1, Cited by 0]
Gujarat High Court
Husainbhai Firojbhai Juneja (As Per Fir ... vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.A/573/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
573 of 2026
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HUSAINBHAI FIROJBHAI JUNEJA (AS PER FIR AND SESSIONS COURT
ORDER AND I/O AFFIDAVIT)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RAJAKMIYA A BUKHARI(13629) for the Appellant(s) No. 1
MR S D MOGHARIYA(11273) for the Appellant(s) No. 1
NOTICE SERVED TO CONCERNED POLICE STATION for the Opponent(s)/
Respondent(s) No. 2
MR. SOAHAM JOSHI, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 29/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor 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
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R/CR.A/573/2026 ORDER DATED: 29/04/2026
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applicant on Regular Bail in connection with FIR being C.R. No.
11189005251902 of 2025 registered with Morbi Taluka Police
Station, Morbi for the offence punishable under Sections 103(1),
238 r/w 54 of the BNS, 2023, Section 3(2)(v) of the Atrocities Act
and Section 135 of the GP 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.
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
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R/CR.A/573/2026 ORDER DATED: 29/04/2026
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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 aged 21 years and is a driver;
ii. The applicant is a permanent resident of Rafaleshwar
Taluka and Dist. Morbi, hence would be available at the time
of trial;
iii. The applicant does not have any criminal antecedents;
iv. The only allegation against the applicant is about he and co-
accused Hina made the deceased lie down on the cot and
while the applicant hand caught the legs of the deceased, Hina
had tied the deceased to the cot;
v. The applicant has not inflicted any injuries upon the
deceased;
vi. The original complainant, is present before the court. She
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R/CR.A/573/2026 ORDER DATED: 29/04/2026
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has affirmed the averments in the affidavit and has stated
that, she has no objection if bail is granted to the applicant.
vii. The co-accused Narmadaben Laxmanbhai Rathod and co-
accused Hinaben Laxmanbhai Rathod have been granted
Regular Bail by this Court vide order passed in CRMA No. 104
of 2026 and 628 of 2026 on 11.03.2026 and 22.04.2026
respectively;
7. 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.
8. 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.
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9. 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. 11189005251902 of 2025 registered with Morbi
Taluka Police Station, on executing a bail 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 his liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender his passport, if any, to the trial 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 Trial Court concerned;
[e] furnish the present address of his residence to the I.O. and
to the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and
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the court;
[f] mark his presence on every Sunday before the concerned
police station for a period of three months;
10. 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 accordance with law.
11. 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.
12. 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. The application is
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allowed in the aforesaid terms. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
