[Cites 6, Cited by 0]
Gujarat High Court
Dilipbhai @ D.J. Jalamsing Vasava vs State Of Gujarat on 11 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/1333/2026 ORDER DATED: 11/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1333 of 2026
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DILIPBHAI @ D.J. JALAMSING VASAVA
Versus
STATE OF GUJARAT
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR TRUPESH KATHERIA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Zubin Bharda on behalf of
the applicant and learned Additional Public Prosecutor Mr.
Trupesh Katheria for 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.
NEUTRAL CITATION
R/CR.MA/1333/2026 ORDER DATED: 11/03/2026
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No.11199059250358 of 2025 registered with Jhagadia GIDC
Police Station, District: Bharuch for offences punishable under
Sections 281, 105, 103(1), 238(A), 61(2) and 3(5) of the
Bhatriya Nyaya Sanhita, 2023 read with Sections 177, 184, 134
and 187 of the Motor Vehicles Act after filing of the charge-
sheet more particularly the application preferred by the
applicant having been rejected by the learned Trial Court.
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
NEUTRAL CITATION
R/CR.MA/1333/2026 ORDER DATED: 11/03/2026
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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. Following aspects are
considered:
(i) While the offence alleged in the FIR is serious that is one
punishable under Section 103(1) of the BNS yet it would
appear that the role attributed to the present applicant is of
having destroyed the evidence
(ii) It would also appear in this regard that the applicant was
working in the company, whose truck had been used by the
other accused in committing the accident which had resulted
in the death of the deceased and whereas the role attributed
being of having deleted the CCTV footage, of the truck leaving
the premises of the company and the truck returning back.
(iii) It also appears that there is no allegation against the
applicant of being involved in the principal conspiracy.
(iv) Considering the limited role attributed to the present
applicant though the offence is serous this Court is inclined to
consider this application.
NEUTRAL CITATION
R/CR.MA/1333/2026 ORDER DATED: 11/03/2026
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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 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 FIR being
C.R. No.11199059250358 of 2025 registered with Jhagadia
GIDC Police Station, District:Bharuch 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;
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R/CR.MA/1333/2026 ORDER DATED: 11/03/2026
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[d] not leave the State of Gujarat without prior permission of
the Sessions Judge concerned;
[e] Mark his presence in the concerned Police Station once in a
month for a period of one year.
[f] except for marking presence not enter Taluka: Jhagadia till
a period of one year from the date of release.
[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 residential address 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 Judge concerned will be free to take appropriate
action in the matter.
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
NEUTRAL CITATION
R/CR.MA/1333/2026 ORDER DATED: 11/03/2026
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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)
NAIR SMITA V./07-DB-1
