[Cites 1, Cited by 0]
Gujarat High Court
Mansukhbhai Dhanjibhai Parmar (Name As ... vs State Of Gujarat on 18 March, 2026
NEUTRAL CITATION
R/CR.MA/6549/2026 ORDER DATED: 18/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6549 of 2026
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MANSUKHBHAI DHANJIBHAI PARMAR (NAME AS PER SESSIONS
COURT ORDER)
Versus
STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MR. KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 18/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned APP 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.
11189003251984 of 2025 registered with A Division Morbi City
Police Station, Morbi for the offence punishable under Sections
61(2), 319, 337, 338, 340(2) of the BNS, 2023.
NEUTRAL CITATION
R/CR.MA/6549/2026 ORDER DATED: 18/03/2026
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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,
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
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.
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 Morbi, hence
would be available at the time of trial;
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R/CR.MA/6549/2026 ORDER DATED: 18/03/2026
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ii. The applicant does not have any criminal antecedents;
iii. The applicant though has three antecedents against him
only one pertains to offence under the BNS, 2023 of identical
nature;
iv. The allegation against the applicant is about he had been
entered into conspiracy with the other co-accused whereby
the co-accused Darshit having prepared the forged aadhar
card and pan card of the original owner of the land namely
Talshibhai Bhagwanji father of the complainant.
v. Before the alleged sale deed could be executed the
accused no. 1 Amitbhai was apprehended and after two days
the present applicant came to be apprehended.
vi. The land in question is in possession of the original owner
as on today.
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
NEUTRAL CITATION
R/CR.MA/6549/2026 ORDER DATED: 18/03/2026
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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. 11189003251984 of 2025 registered with 'A' Division
Morbi City Police Station, Morbi, 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 passport, if any, to the lower court within a
week, and if he does not possess a passport, he shall file an
affidavit to that effect;
NEUTRAL CITATION
R/CR.MA/6549/2026 ORDER DATED: 18/03/2026
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[d] not to leave the geographical limits of District Morbi
without prior permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the I.O. and
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 presence on every Wednesday before the concerned
police station till the completion of trail.
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file affidavits before the concerned court and
the police station.
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 at liberty to take appropriate
action in accordance with law.
10. Bail bond to be executed before the trial 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.
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R/CR.MA/6549/2026 ORDER DATED: 18/03/2026
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11. 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.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
