[Cites 2, Cited by 0]
Gujarat High Court
Javid @ Javlo Hanifbhai Sodha vs State Of Gujarat on 27 March, 2026
NEUTRAL CITATION
R/CR.MA/7087/2026 ORDER DATED: 27/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7087 of 2026
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JAVID @ JAVLO HANIFBHAI SODHA
Versus
STATE OF GUJARAT
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Appearance:
MR YASH H JOSHI(6495) for the Applicant(s) No. 1
MR KRUTIK PARIKH, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 27/03/2026
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,
NEUTRAL CITATION
R/CR.MA/7087/2026 ORDER DATED: 27/03/2026
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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
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
NEUTRAL CITATION
R/CR.MA/7087/2026 ORDER DATED: 27/03/2026
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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
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 role attributed to the applicant is that of he
having participated in the offence;
ii. It is not the case of the prosecution that, the
applicant was armed with weapons and that, he had
inflicted injuries to the original complainant with the
said weapons;
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R/CR.MA/7087/2026 ORDER DATED: 27/03/2026
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iii. No weapon has been either discovered or recovered
from the applicant. The discovery/recovery of weapons
were effected from the houses of the co-accused Ashish
and Gaurang.
iv. Co-accused Kishan Dabhi, 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, whereas, co-accused Sanjay Sarla
has been enlarged on regular bail by this Court vide
order dated 25.03.2026 passed in Criminal Misc.
application No. 7001 of 2026.
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
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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 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;
[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
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R/CR.MA/7087/2026 ORDER DATED: 27/03/2026
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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 enter Rajkot City till the trial is over except for
the purpose of marking his presence before the
concerned police station and/or for the purpose of
attending the trial.
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
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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)
DIVYA
