Citation : 2026 Latest Caselaw 1438 Guj
Judgement Date : 18 March, 2026
NEUTRAL CITATION
R/CR.MA/6551/2026 ORDER DATED: 18/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6551 of 2026
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JAGDISHKUMAR @ LALO VAJESING PARMAR & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR ASHOK N PARMAR(2431) for the Applicant(s) No. 1,2
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 Mr. Ashok Parmar appearing on
behalf of the applicant and learned Additional Public Prosecutor
Mr. Krutik Parikh 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.
11204039260064 of 2026 registered with Mahudha Police
Station, Kheda, for the offence punishable under Sections 191(2),
191(3), 190, 109, 118(1) and 118(2) of the BNSS and Section 135
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of 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 the charge-sheet is yet to be
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 the charge-sheet is yet to be filed, 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:-
i. The applicants are permanent residents of Kheda, hence
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R/CR.MA/6551/2026 ORDER DATED: 18/03/2026
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would be available at the time of trial;
ii. All the three injured persons have been discharged from
the hospital.
iii. The applicants do not have any criminal antecedents.
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
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 applicants
are ordered to be released on bail in connection with FIR being
C.R. No. 11204039260064 of 2026 registered with Mahudha
Police Station, Kheda, on executing a bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) each with one surety of the
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R/CR.MA/6551/2026 ORDER DATED: 18/03/2026
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like amount each to the satisfaction of the trial Court and subject
to the conditions that they shall;
[a] not take undue advantage of their liberty or misuse their
liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender their respective passports, if any, to the trial
court within a week, and if they do not possess any passport,
they shall file individual affidavit to that effect;
[d] not leave the State of Gujarat without prior permission of
the Sessions Court concerned;
[e] furnish their present addresses of residences to the I.O.
and the Court at the time of execution of the bond and shall
not change their residences without prior intimation to the
I.O. and the Court;
[f] not enter into the jurisdiction of District Kheda, till the
completion of trial except for marking presence before the
concerned police station and except for attending the Court
during the trial;
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[g] Applicant no.1 shall mark his presence on every
Monday, applicant no.2 shall mark his presence on every
Tuesday for a period of one year and thereafter once a month
for a period of six months before the concerned police
station;
9. The Authorities will release the applicants only if they are
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 bonds 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.
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
considering the application of the applicant for being released on
regular bail.
12. The application is allowed in the aforesaid terms. Rule is
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made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J) ANIRUDH OJHA
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