[Cites 1, Cited by 0]
Gujarat High Court
Kishanji Dasrathji Thakor. Kishanji ... vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/711/2026 ORDER DATED: 20/02/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 711 of 2026
==========================================================
KISHANJI DASRATHJI THAKOR. KISHANJI S/O DASHRATHJI
RUGHNATHJI THAKOR(AS PER AFFIDAVIT OF IO)
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. ADIL Y VAKANI(17677) for the Applicant(s) No. 1
MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
ORAL ORDER
1. Heard learned advocate Mr.Adil Vakani 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. 11206023250530/2025 registered with
Kheralu Police Station, Mehsana for the offence punishable
NEUTRAL CITATION
R/CR.MA/711/2026 ORDER DATED: 20/02/2026
undefined
under Sections 109(1), 115(2), 351(3), 352, 54 of the BNS and
Section 135 of the G.P.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 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, 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:-
NEUTRAL CITATION
R/CR.MA/711/2026 ORDER DATED: 20/02/2026
undefined
i. The allegation in the FIR being that the accused had
assaulted the complainant party leading to an offence as
punishable under Section 109(1) etc. being alleged against
the accused.
ii. The fact of the incident happening in the heat of the
moment and whereas, it would appear that the accused
including the present applicant had gone to attend a
marriage in a different village where the complainant party
were residing and on account of some altercation, the
incident in question has happened.
iii. While it is true that the applicant was carrying knife as
per the FIR and inflicted injuries with the knife, whereas, it
would appear that the injuries inflicted were superficial and
whereas the person who had been inflicted injury by the
present applicant - one Mukesh, was not even required to
take treatment as an indoor patient.
iv. The fact of the applicant being aged around 22 years,
without any antecedents and in custody since 09.12.2025.
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
NEUTRAL CITATION
R/CR.MA/711/2026 ORDER DATED: 20/02/2026
undefined
[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 F.I.R.
registered as C.R. No. 11206023250530/2025 registered with
Kheralu Police Station, Mehsana, 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;
[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
NEUTRAL CITATION
R/CR.MA/711/2026 ORDER DATED: 20/02/2026
undefined
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.;
[f] mark presence once a week till the charge-sheet is filed
and thereafter once a month for a period of three months
before the concerned police station.
[g] not to enter Taluka: Kheralu for a period of three
months except for the purpose of marking presence.
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.
11. At the stage of trial, the trial court shall not be
NEUTRAL CITATION
R/CR.MA/711/2026 ORDER DATED: 20/02/2026
undefined
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)
Bhoomi
