[Cites 2, Cited by 0]
Gujarat High Court
Sanjaybhai Kanjibhai Sarla vs State Of Gujarat on 25 March, 2026
NEUTRAL CITATION
R/CR.MA/7001/2026 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7001 of 2026
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SANJAYBHAI KANJIBHAI SARLA
Versus
STATE OF GUJARAT
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Appearance:
APURVA K JANI(7057) for the Applicant(s) No. 1
MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 25/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
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. 11208051250980 of
2025 registered with B-Division Police Station, Rajkot
NEUTRAL CITATION
R/CR.MA/7001/2026 ORDER DATED: 25/03/2026
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City, for the offence punishable under Sections 61(2),
109(1), 118(1), 118(2), 117(2), 352, 189(2), 189(4),
191(2), 191(3) of the BNS 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 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. Learned
advocate upon instructions submits that the applicant will
remain within the State of Gujarat during the trial.
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
NEUTRAL CITATION
R/CR.MA/7001/2026 ORDER DATED: 25/03/2026
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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 not named in the FIR.
ii. The Investigating Officer has not conducted any T.I.
parade.
iii. No weapon has been either discovered or recovered
from the applicant.
iv. The only allegation against the present applicant is
as regards he having taken co-accused Shailesh Dabhi
on his motorcycle, who was armed with an iron pipe.
v. Co-accused Kishan Dabhi who has an identical role,
has been enlarged on bail by the coordinate bench of
this Court vide order dated 20.03.2026 passed in
Criminal Misc. application No.6516 of 2026.
NEUTRAL CITATION
R/CR.MA/7001/2026 ORDER DATED: 25/03/2026
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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. 11208051250980 of 2025
registered with B-Division Police Station, Rajkot City, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one local surety of the like amount to
the satisfaction of the trial Court and subject to the
conditions that he shall;
NEUTRAL CITATION
R/CR.MA/7001/2026 ORDER DATED: 25/03/2026
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[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;
[d] not leave State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
the bond along with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark presence on every Monday and Thursday
before the concerned police station for three months
and thereafter once a week till the trial is over.
[g] not to enter Rajkot City till the trial is over.
NEUTRAL CITATION
R/CR.MA/7001/2026 ORDER DATED: 25/03/2026
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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 Court concerned will be at liberty to take
appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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 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)
ANKIT SHAH
