[Cites 2, Cited by 0]
Gujarat High Court
Ishwarbhai Ziparbhai Bhoya vs State Of Gujarat on 20 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6474/2026 ORDER DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 6474 of 2026
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ISHWARBHAI ZIPARBHAI BHOYA
Versus
STATE OF GUJARAT
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Appearance:
MR ADIL R MIRZA(2488) 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.Adil Mirza 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
NEUTRAL CITATION
R/CR.MA/6474/2026 ORDER DATED: 20/03/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11200027250841 of 2025 registered with Kaparada
Police Station, District: Valsad for the offence punishable under
Sections 310(4), 61 and 3(5) of the BNS Act and under Section
135(1) of the GP 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 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
applicant and the application may be dismissed.
NEUTRAL CITATION
R/CR.MA/6474/2026 ORDER DATED: 20/03/2026
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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 allegation of the accused preparing to commit the
offence of dacoity, the same being on basis of knife found
in possession of the applicants found during checking;
ii. The applicant having been arrested on basis of a
statement of co-accused and the role attributed of giving a
tip as regards the proposed house, where the dacoity was to
be committed.
iii. The applicant having five antecedents all under
Prohibition Act of which four the applicant has been
acquitted.
iv. The applicant having been arrested on 24.12.2025 and
the charge-sheet having been filed, this Court is inclined to
grant bail.
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.
NEUTRAL CITATION
R/CR.MA/6474/2026 ORDER DATED: 20/03/2026
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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 applicant
is ordered to be released on bail in connection with F.I.R.
registered as C.R. No. 11200027250841 of 2025 registered with
Kaparada Police Station, District: Valsad , 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;
[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
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R/CR.MA/6474/2026 ORDER DATED: 20/03/2026
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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.;
[f] mark presence once in a month for a period of six
months 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.
NEUTRAL CITATION
R/CR.MA/6474/2026 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)
NAIR SMITA V./09-DB
