[Cites 2, Cited by 0]
Gujarat High Court
Laljibhai Mukeshbhai Patelya vs State Of Gujarat on 27 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/24521/2025 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. 24521 of 2025
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LALJIBHAI MUKESHBHAI PATELYA
Versus
STATE OF GUJARAT
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Appearance:
MS SHALINI S MAIR(2681) for the Applicant(s) No. 1
MS VRUNDA SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/03/2026
ORAL ORDER
1. Heard learned advocate Ms. Shalini Mair appearing on
behalf of the applicant and learned Additional Public
Prosecutor Ms. Vrunda Shah 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/24521/2025 ORDER DATED: 27/03/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11198003250099 of 2025 registered with Alang
Marine Police Station, District: Bhavnagar for the offence
punishable under Sections 103(1), 309(4), 332 and 61(2) of
BNS Act read with Section 135 of the G.P. 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/24521/2025 ORDER DATED: 27/03/2026
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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 in the FIR being that the accused had looted
ornaments and had done the deceased to death.
ii. The role attributed to the present applicant not co-
relatable to the principle offence and whereas, it would
appear even as per the investigating officer that the present
applicant had played a role of hiding some of the ornaments
which had come to the share of one of the accused.
iii. No other role being attributed to the present applicant
except the above.
iv. The fact of the present applicant being in custody since
11.05.2025, the charge-sheet having been filed and the
present applicant not having any similar antecedents, 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/24521/2025 ORDER DATED: 27/03/2026
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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. 11198003250099 of 2025 registered with
Alang Marine Police Station, District: Bhavnagar, 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
NEUTRAL CITATION
R/CR.MA/24521/2025 ORDER DATED: 27/03/2026
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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 one year
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/24521/2025 ORDER DATED: 27/03/2026
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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./03-SB-I
