[Cites 1, Cited by 0]
Gujarat High Court
Brijeshbhai Lilabhai Patel vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/9880/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9880 of 2026
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BRIJESHBHAI LILABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR NIRUPAM NANAVATY, SENIOR COUNSEL WITH MR NEEL P
LAKHANI(10679) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the 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
applicants 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
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Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging him on Regular Bail in connection with
FIR being C.R. No. 11210045261179 of 2026 registered
with Pandesara Police Station, Surat for the offence
punishable under Sections 318(4), 338, 326(b) 336(3),
340(2) and 54 of the BNS, 2023.
4. Mr. Nirupam Nanavaty, learned Senior Advocate
assisted by Mr. Neel Lakhani, 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, the applicant is ready and
willing to abide by all the conditions that may be imposed
by this Court, if released on bail. It is further submitted
that, the dispute between the parties has been amicably
settled, and respective affidavits have been filed on behalf
of the original complainant and the victim in that regard.
5. As against the same, learned Additional Public
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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, this
Court may not exercise discretion in favour of the
applicant and the application may be dismissed.
5.1 Mr. Prem Jariwala, learned advocate appears for the
original complainant. He is permitted to file his
vakalatnama in the Registry. Mr. Jariwala, learned
advocate for the original complainant places on record
affidavits filed by the original complainant Mr. Yash
Kumar Patel and the victim Pathik Jiteshbhai Patel, and
submits that, the dispute between the applicant, the
original complainant and the victim has been amicably
settled. The original complainant as well as the victim
are present in the court and they have affirmed the
contents of their respective affidavits.
6. I have heard learned advocates appearing on behalf
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of the respective parties and perused the papers.
Following aspects are considered:-
i. The applicant is permanent a resident of Surat,
hence would be available at the time of trial;
ii. The applicant has no criminal antecedents;
iii. The original complainant Mr. Yash Kumar Patel and
the victim Pathik Jiteshbhai Patel have filed affidavits,
wherein, they have stated that, the dispute between
them and the applicant has been amicably settled, and
that, they do not object if bail is granted to the
applicant.
iv. The original complainant and the victim are present
before the court and they have affirmed the facts of
their respective affidavits;
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
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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.
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. 11210045261179 of
2026 registered with Pandesara Police Station, Surat, 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 they shall;
[a] not take undue advantage of liberty or misuse
liberty;
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[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 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 the court;
[f] mark his presence on every Sunday before the
concerned police station for two months;
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file affidavit before the concerned
court and the police station.
10. The Authorities will release the applicant only if he
is not required in connection with any other offence for
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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 applicants on regular bail. The
application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA PILLAI
