[Cites 1, Cited by 0]
Gujarat High Court
Najmabehen Daughter Of Rasulbhai ... vs State Of Gujarat on 10 March, 2026
NEUTRAL CITATION
R/CR.MA/5704/2026 ORDER DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5704 of 2026
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NAJMABEHEN DAUGHTER OF RASULBHAI SADHVANI
Versus
STATE OF GUJARAT
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Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1
MR.NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 10/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Ekant Ahuja appearing
on behalf of the applicant and learned Additional Public
Prosecutor Mr.Niraj Sharma 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. 11211015250732
of 2025 registered with Dhrangadhra City Police
Station, District: Surendranagar for the offence
punishable under Sections 103(1), 115(2), 351(2), 351(3),
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352, 54 of the BNS Act and under Section 135 of the GP
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.
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 present applicant is about
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R/CR.MA/5704/2026 ORDER DATED: 10/03/2026
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she having given fists blows and kicks to the original
complainant and a witness.
ii. The applicant is a permanent resident of Dholidhar,
Taluka:Dhrangadhra, District:Surendranagar and
hence, she would be available at the time of trial.
iii. The applicant has one criminal antecedent, wherein,
she was acquitted, and the fact that the applicant is in
custody since 14.10.2025 and the charge-sheet having
been laid before the concerned Court.
iv. The co-accused Marjinaben Sadhvani whose role is
akin to the applicant has been granted bail by the High
Court vide order passed in Criminal Misc. Application
No.4635 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
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.
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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. 11211015250732 of
2025 registered with Dhrangadhra City Police
Station, District: Surendranagar, on executing a bond
of Rs.25,000/- (Rupees Twenty Five 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 the Court at the time of execution of the bond and
shall not change her residence without prior intimation
to the I.O. and the Court;
[f] mark her presence on every Monday before the
concerned police station for a period of one year.
9. The Authorities will release the applicant only if he
is not required in connection with any other offence for
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the time being. If breach of any of the above conditions is
committed, the Sessions Court concerned will be at
liberty to take appropriate action in accordance with law.
10. Bail bond to be executed before the trial 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 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.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
