[Cites 4, Cited by 0]
Gujarat High Court
Prince Kanabhai Bheda vs State Of Gujarat on 24 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6837/2026 ORDER DATED: 24/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6837 of 2026
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PRINCE KANABHAI BHEDA
Versus
STATE OF GUJARAT
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Appearance:
DENISH V MAVADHIYA(9207) 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 : 24/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Denish Mavadhiya 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/6837/2026 ORDER DATED: 24/03/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11203030260108 of 2026 registered with Keshod
Police Station, District Junagadh, for the offence punishable
under Sections 309(6), 115(2), 118(1), 351(3) and 54 of the
Bharatiya Nyaya Sanhita, and Section 135 of the Gujarat Police
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 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 affidavit of the
Investigating Officer, this Court may not exercise the discretion
in favour of the applicant and the application may be
dismissed.
NEUTRAL CITATION
R/CR.MA/6837/2026 ORDER DATED: 24/03/2026
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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. Allegation being that the accused had assaulted the
complainant on account of the complainant not giving
money as sought for by the accused and whereas allegation
further being that the accused had robbed the complainant
of an amount of Rs. 8900/-.
ii. Prima facie it would appear that the parties are known to
each other and whereas, the allegation for offence
punishable under Section 309(6) of the BNS appears to be
prima facie an exaggeration. The complaint is otherwise for
offence punishable under Sections 115(2) and 118(1) of the
BNS.
iii. The fact of the present applicant not having any
antecedent and in custody since 21.02.2026.
iv. The Fact of the co-accused having been enlarged on
regular bail by this Court vide order dated 13.03.2026 in
Criminal Misc. Application No.6185/2026.
v. Having regard to the above, this Court is inclined to
consider the present applicant, albeit with appropriate
safeguards.
NEUTRAL CITATION
R/CR.MA/6837/2026 ORDER DATED: 24/03/2026
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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 applicant
is ordered to be released on bail in connection with FIR being
C.R. No. 11203030260108 of 2026 registered with Keshod
Police Station, District Junagadh, 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;
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R/CR.MA/6837/2026 ORDER DATED: 24/03/2026
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[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.;
[f] not enter District Junagadh for a period of six months
from the date of release;
[g] mark presence once a month for a period of six months
after filing of the charge-sheet before the Veraval Police
Station, District Gir-Somnath.
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
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R/CR.MA/6837/2026 ORDER DATED: 24/03/2026
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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.
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./21-DB
