[Cites 2, Cited by 0]
Gujarat High Court
Sunil Munna Ratan Sisodiya vs State Of Gujarat on 27 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5084/2026 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 5084 of 2026
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SUNIL MUNNA RATAN SISODIYA
Versus
STATE OF GUJARAT
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Appearance:
MR KEVAL G BRAHMBHATT (BAROT)(9900) for the Applicant(s) No. 1
MR. KARTIK C. PATEL(18437) for the Applicant(s) No. 1
MR NIRAJ SHARMA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/02/2026
ORAL ORDER
1. Heard learned Advocate Mr. Keval Brahmbhatt on behalf of the
applicant and learned Additional Public Prosecutor Mr. Niraj Sharma on
behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The present applicant who has been arraigned as an accused has
preferred 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. 11204067250466 of 2025 registered
with Sevaliya Police Station, Kheda for the offences punishable under
Sections 25(1)(a), 25)1-A), 25(1-AA) of the Arms Act and Section 135 of the
Gujarat Police Act.
4. Learned Advocate on behalf of the applicant would submit that
NEUTRAL CITATION
R/CR.MA/5084/2026 ORDER DATED: 27/02/2026
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considering the role attributed to the applicant, and nature of the allegation
levelled against, the applicant may be enlarged on regular bail. It is further
submitted that since the charge-sheet is not filed no useful purpose would
be served by keeping the applicant in jail for indefinite period. It is further
submitted that applicant is ready and willing to abide by all the conditions
that may be imposed by this Court if released on bail.
5. The present application is vehemently objected to by learned APP on
behalf of respondent- State by submitting 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. This Court has heard learned Advocates for the respective parties and
perused the FIR as well as order passed by learned Session Court as well as
affidavit filed by the investigating officer before the learned Trial Court.
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. This Court has also considered the following aspects:
(i) The allegations in the FIR being that the accused were
found in possession of serious weapon including a country-
made pistol.
(ii) The allegation against the present applicant being that
he was proposed receiver of the country-made pistol. Beyond
NEUTRAL CITATION
R/CR.MA/5084/2026 ORDER DATED: 27/02/2026
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the statement of the co-accused inter alia stating the same,
there being no other allegation against the present applicant.
(iii) The fact of the applicant having no antecedents
whatsoever nature, the applicant having been arrested on
15.01.2026 and the investigation almost being completed.
9. In the facts and circumstances of the case and considering the nature
of the allegations made against 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.
10. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11204067250466
of 2025 registered with Sevaliya Police Station, Kheda on executing a bond
of Rs.25,000/- (Rupees Twenty Five 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 his presence in the concerned Police Station once in a
week till charge-sheet is filed and thereafter once in a month for a
period of six months between 11:00 a.m. to 2:00 p.m.
[f] furnish the proposed address of residence to the I.O. and also
NEUTRAL CITATION
R/CR.MA/5084/2026 ORDER DATED: 27/02/2026
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to the Court at the time of execution of the bond and shall not change
the residential address without prior intimation to the I.O.
11. 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 Judge concerned will be
free to take appropriate action in the matter.
12. 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.
13. 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.
14. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
