[Cites 8, Cited by 0]
Gujarat High Court
Atulkumar Prakashbhai Parmar vs State Of Gujarat on 27 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/26856/2025 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. 26856 of 2025
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ATULKUMAR PRAKASHBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR AJJ H MURJANI(13356) 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 Mr.A.H.Murjani 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/26856/2025 ORDER DATED: 27/03/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11191039240059 of 2024 registered with Sabarmati
Police Station, District: Ahmedabad for the offence punishable
under Sections 302, 364, 365, 323, 114 and 120B of the IPC
and under Section 135(1) 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/26856/2025 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 being that the accused had abducted the
deceased and had assaulted him which led to his death.
ii. The allegation being that the deceased, had some
relationship with sister of the main accused and whereas,
the same had led the accused in assaulting the deceased.
iii. The role attributed to the present applicant being that the
applicant was involved in the abduction.
iv. The vehicle in question not belonging to the present
applicant, the same belonging to the main accused. While,
it is submitted by learned APP that the present applicant
appears in a CCTV footage near the place where the
deceased had been abducted yet, it is fairly pointed that the
CCTV footage is not very clear.
v. It also appears that while some two witnesses had seen
the incident in question yet, the TI parade indicating the
presence of the applicant not having been taken.
vi. The fact of the applicant being in custody since
09.02.2024, and the charge-sheet having been led and the
trial not having commenced.
NEUTRAL CITATION
R/CR.MA/26856/2025 ORDER DATED: 27/03/2026
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vii. Considering the above though the offence is very
serious and whereas since it appears that the present
applicant's role is not clarified even after the investigation
is complete, 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.
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. 11191039240059 of 2024 registered with
Sabarmati Police Station, District: Ahmedabad, on executing a
bond of Rs.50,000/- (Rupees Fifty Thousand only) with one
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/26856/2025 ORDER DATED: 27/03/2026
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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;
[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] mark presence once in a month for a period of 1 ½ 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
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R/CR.MA/26856/2025 ORDER DATED: 27/03/2026
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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./04-SB-I
