[Cites 1, Cited by 0]
Gujarat High Court
Ganpatbhai Bhavanbhai Maru vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/2828/2025 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2828 of 2025
With
R/CRIMINAL APPEAL NO. 2832 of 2025
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GANPATBHAI BHAVANBHAI MARU
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. KISHAN H DAIYA(6929) for the Appellant(s) No. 1
MR.NAYANKUMAR V SHUKLA(10184) for the Opponent(s)/Respondent(s)
No. 2
MR TRUPESH KATHERIA ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
COMMON ORAL ORDER
1. Heard learned advocate Mr.Zubin Bharda with learned
advocate Mr.Kishan Daiya appearing on behalf of the
applicants, learned Additional Public Prosecutor Mr.Trupesh
Katheria appearing on behalf of the respondent-State and
learned advocate Mr. N.V.Shukla for the original complainant.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State and learned advocate Mr. N.V.Shukla waives
for original complainant.
NEUTRAL CITATION
R/CR.A/2828/2025 ORDER DATED: 20/02/2026
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3. The applicants have filed these applications under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for
enlarging the applicants on Regular Bail in connection with FIR
being C.R. No.11214046250744 of 2025 registered with Palsana
Police Station, Surat for the offence punishable under Sections
103(1), 118(2), 118(1), 117(2), 189(2), 189(4), 190, 191(2),
351(2)(3), 353 of B.N.S. Act, under Section 135 of G.P.Act,
under Section 3(2)(5) of Scheduled Cases and Scheduled Tribes
(Prevention of Atrocities) amendment Act, 2015 and under
Section 180, 181 of M.V.Act
4. Learned advocate for the applicants would submit that
considering the role attributed to the applicants, and nature of
the allegation levelled, the applicants 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
applicants in jail for indefinite period. It is further contended
that the applicants are 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
NEUTRAL CITATION
R/CR.A/2828/2025 ORDER DATED: 20/02/2026
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to the grant of regular bail. Learned APP has submitted that
looking to the nature of offence and the role attributed to the
present applicants as coming out from the charge-sheet, this
Court may not exercise the discretion in favour of the
applicants and the applications 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 in the FIR being very serious inasmuch as, the
accused are stated to have assaulted the complainant party,
causing dealth of the deceased.
ii. The role attributed to the present applicants being of
having assaulted the son of the deceased and whereas the
applicants are not alleged to have assaulted the deceased
himself.
iii. The role attributed to applicant - Ganpat being of
assaulting the younger son of the decease with stick and
whereas applicant Nathubhai is of having assaulted the son
of the deceased with a bracelet which he was wearing on
the face of the victim causing injuries on the lips. The
applicants specifically not having used any serious weapon
or not having given any blows to any vital parts.
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R/CR.A/2828/2025 ORDER DATED: 20/02/2026
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iv. The fact of the applicants being in custody since
31.05.2025 and the charge-sheet having been laid and there
being no antecedents.
v. The co-accused having been released vide orders dated
25.09.2025 and 03.10.2025, while the role attributed to the
said applicants is not having used any stick yet, it would
also appear that one of the aspects which weighed with the
learned Co-ordinate Bench was of the said accused not
having assaulted the deceased.
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
applicants 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
applicants on regular bail.
8. Hence, the present applications are allowed. The
applicants are ordered to be released on bail in connection
NEUTRAL CITATION
R/CR.A/2828/2025 ORDER DATED: 20/02/2026
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with F.I.R. registered as C.R. No.11214046250744 of 2025
registered with Palsana Police Station, Surat , on executing a
bond of Rs.25,000/- each (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;
[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]not to enter Palsana Taluka for a period of six months
except for marking presence.
[f] 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.;
[g] mark presence once in a month for a period of six
months before the concerned police station.
9. The Authorities will release the applicants only if they
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R/CR.A/2828/2025 ORDER DATED: 20/02/2026
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are 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.
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 applications of the applicants for being released
on regular bail.
12. The applications are allowed in the aforesaid terms. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./23&24-SB-1
