[Cites 1, Cited by 0]
Gujarat High Court
Vishnubhai Melabhai Thakor vs State Of Gujarat on 20 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6665/2026 ORDER DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6665 of 2026
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VISHNUBHAI MELABHAI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR ADITYA JADEJA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Jigar Patel for learned
advocate Mr.Ashish Dagli appearing on behalf of the applicant
and learned Additional Public Prosecutor Mr.Aditya Jadeja
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. 11192061260124/2026 registered with
Viramgam Town Police Station, Ahmedabad for the offence
NEUTRAL CITATION
R/CR.MA/6665/2026 ORDER DATED: 20/03/2026
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punishable under Sections 109(1), 118(1), 352, 351(2), 54 of
the BNS.
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 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, 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:-
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R/CR.MA/6665/2026 ORDER DATED: 20/03/2026
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i. The allegation being as regards offence punishable
under Section 109(1) of the BNS etc.
ii. The allegation for offence punishable under Section
109(1) being against the co-accused - Rahul who is alleged
to have inflicted knife injuries.
iii. The present applicant not being attributed any particular
role except for scuffling with the complainant party more
particularly it appears, as per the FIR, that the present
applicant has been called by his brother informing that the
co-accused having an altercation and whereas, prma facie,
it would appear that the applicant had reached there to
help his younger brother.
iv. The fact of the applicant being in custody since
05.03.2026 and not having any 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
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R/CR.MA/6665/2026 ORDER DATED: 20/03/2026
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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. 11192061260124/2026 registered with
Viramgam Town Police Station, Ahmedabad, on executing a
bond of Rs.10,000/- (Rupees Ten 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;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] 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 residence without prior intimation to
the I.O.;
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R/CR.MA/6665/2026 ORDER DATED: 20/03/2026
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[f] not to enter Taluka:Viramgam till the charge-sheet is
filed.
[g] mark presence once a month for a period of six months
after the charge-sheet is filed before the concerned 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 free to take appropriate
action in the matter.
10. 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.
11. 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.
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R/CR.MA/6665/2026 ORDER DATED: 20/03/2026
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12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
