[Cites 2, Cited by 0]
Gujarat High Court
Gopalbhai @ Gobaro Vinubhai Metaliya vs State Of Gujarat on 13 March, 2026
NEUTRAL CITATION
R/CR.MA/26905/2025 ORDER DATED: 13/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 26905 of 2025
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GOPALBHAI @ GOBARO VINUBHAI METALIYA
Versus
STATE OF GUJARAT
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Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/03/2026
ORAL ORDER
1. Heard learned advocate Ms. Gayatriba Jadeja appearing on
behalf of the applicant and learned Additional Public Prosecutor Mr.
Soaham Joshi 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.11211050250175 of 2025 registered with Thangadh Police
NEUTRAL CITATION
R/CR.MA/26905/2025 ORDER DATED: 13/03/2026
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Station, District Surendranagar for the offence punishable under
Section 103(1) of the BNS, 2023 as well as under Section 135 of the
G.P. Act.
4. Learned advocate Ms. Gayatriba Jadeja 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, further incarceration of the applicant will not benefit the
Investigation Officer in any manner. 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 Mr.
Soaham Joshi 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 discretion in favour of the applicant and the
application may be dismissed.
NEUTRAL CITATION
R/CR.MA/26905/2025 ORDER DATED: 13/03/2026
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6. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The applicant is a permanent resident of Surendranagar
district, hence would be available at the time of trial;
ii. The are no criminal antecedents against the applicant;
iii. Though in the chargesheet prosecution witnesses namely,
Kalubhai, Mehulbhai Merabhai, Gopalbhai Vinibhai and Aajubhai
Rojasara are shown as eyewitnesses, on perusing their statements
recorded by the I.O., all of them have stated that they had not
witnessed the incident;
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
NEUTRAL CITATION
R/CR.MA/26905/2025 ORDER DATED: 13/03/2026
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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 F.I.R. registered
as C.R. No.11211050250175 of 2025 registered with Thangadh
Police Station, District Surendranagar, on executing a bail 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 his passport, if any, to the trial court within a
week, and if he does not possess a passport, he shall file an
affidavit to that effect;
[d] not leave the local limits of Surendranagar district without
NEUTRAL CITATION
R/CR.MA/26905/2025 ORDER DATED: 13/03/2026
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prior permission of the Trial Court concerned;
[e] furnish the present address of his residence to the I.O. and to
the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and the
court;
[f] mark his presence on every Thursday before the concerned
police station for two years;
[g] not indulge in similar kind of offence hereinafter, for which,
he shall file an affidavit before the concerned court and the
police station.
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 at liberty to take appropriate action in
accordance with law.
11. Bail bond to be executed before the trial court having
jurisdiction to try the case. It will be open for the concerned Court
NEUTRAL CITATION
R/CR.MA/26905/2025 ORDER DATED: 13/03/2026
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to delete, modify and/or relax any of the above conditions in
accordance with law.
12. At the stage of trial, the competent 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
enlarging the applicant on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
