[Cites 3, Cited by 0]
Gujarat High Court
Navinbhai Ramjibhai Gori vs State Of Gujarat on 27 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6698/2026 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. 6698 of 2026
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NAVINBHAI RAMJIBHAI GORI
Versus
STATE OF GUJARAT
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Appearance:
MR. MAHEK B. RAVAL(17804) for the Applicant(s) No. 1
MR. VATSAL D. RUPAREL(14194) for the Respondent(s) No. 1
MS VRUNDA SHAH, APP 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. Premal S. Rachh with learned
Advocate Mr. Mahek B. Raval appearing on behalf of the applicant,
learned Additional Public Prosecutor Ms. Vrunda Shah appearing on
behalf of the respondent-State and learned Advocate Mr. Vatsal D.
Ruparel appearing on behalf of the original complainant.
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. 11202057250613 of
2025 registered with Sikka Police Station, District Jamnagar, for the
offence punishable under Sections 336(2), 336(3), 338, 339, 340(2), 242,
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R/CR.MA/6698/2026 ORDER DATED: 27/03/2026
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61(2)(a) of the Bharatiya Nyaya Sanhita and Section 82 of the
Registration 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 and learned Advocate Mr. Ruparel
appearing for the original complainant have 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.
6. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
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i. The allegation in the FIR being that land of the complainant had
been fraudulently sold by the accused and whereas, it does not appear
that the present applicant was part of the said conspiracy.
ii. The fact of the role attributed to the applicant being that the
applicant had identified the impostor, who had impersonated the
actual owner.
iii. It does not appear that there is any money trail leading to the
present applicant, more particularly it would appear that the principal
amount had gone to other accused.
iv. The fact of the applicant being in custody since 10.10.2025, the
charge-sheet having been laid and the applicant having a single
antecedent under the Prohibition Act that too of consumption of
liquor.
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
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R/CR.MA/6698/2026 ORDER DATED: 27/03/2026
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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.
11202057250613 of 2025 registered with Sikka Police Station, District
Jamnagar, on executing a bond of Rs.15,000/- (Rupees Fifteen 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 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 a month for a period of six months 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
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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.
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)
BDSONGARA
