[Cites 2, Cited by 0]
Gujarat High Court
Ajaybhai Pravinbhai Chauhan vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4254/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4254 of 2026
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AJAYBHAI PRAVINBHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR JAY MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
ORAL ORDER
1. Heard learned Advocate Mr. P.P. Majmudar appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr. Jay Mehta
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. 11198006250668 of
2025 registered with Ghogha Road Police Station, District: Bhavnagar
for the offence punishable under Sections 103(1), 118(2), 117(2), 352, 351(2)
and 54 of the Bhartiya Nyay Sanhita, 2023 and Section 135 of the Gujarat
Police Act .
NEUTRAL CITATION
R/CR.MA/4254/2026 ORDER DATED: 20/02/2026
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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 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. This Court has heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The allegation in the FIR being that the accused had murdered
the deceased by assaulting him with serious weapons including a
Dhariya and whereas it would appear that the role attributed to the
present applicant being of having assaulted the deceased with an iron
pipe more particularly after the deceased had been assaulted by the
other accused using the Dhariya as well as the iron pipes.
(ii) The role of the present applicant, being substantially different
NEUTRAL CITATION
R/CR.MA/4254/2026 ORDER DATED: 20/02/2026
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from the role attributed to the other accused including Sagar, Sunil
and Bhado, inasmuch the assault had been started by the
aforementioned persons whereas the applicant appears to have
appeared on the spot relatively late.
(iii) The fact of the applicant is aged 30 years old person.
(iv) The fact of the applicant being in custody since 08.04.2025 and
the charge-sheet having been laid by the Investigating Officer.
(v) The fact of there being no antecedents against the applicant as
per the affidavit of the Investigating Officer before the learned
Sessions Court.
(vi) Apprehension expressed by the learned APP could be allayed
by imposing suitable conditions.
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.
NEUTRAL CITATION
R/CR.MA/4254/2026 ORDER DATED: 20/02/2026
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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.
11198006250668 of 2025 registered with Ghogha Road Police Station,
District: Bhavnagar on executing a bond of Rs.50,000/- (Rupees Fifty
Thousands 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;
[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] Mark presence before the concerned Police Station once a month till
the trial commences;
[f] except for marking presence in the concerned Police Station
and for attending the trial not enter into Bhavnagar District for a
period of one year;
[g] 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.;
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
free to take appropriate action in the matter.
NEUTRAL CITATION
R/CR.MA/4254/2026 ORDER DATED: 20/02/2026
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11. 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.
12. 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.
13. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
