[Cites 10, Cited by 0]
Gujarat High Court
Imran @Bidi Bapu Ibrahimbhai Dabani vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.MA/9717/2026 ORDER DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9717 of 2026
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IMRAN @BIDI BAPU IBRAHIMBHAI DABANI
Versus
STATE OF GUJARAT
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Appearance:
MR PIYUSH D GOHIL(13596) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 05/05/2026
ORAL ORDER
1. Heard learned advocate Mr. Piyush Gohil appearing
on behalf of the applicant and learned Additional Public
Prosecutor Ms. Jirga Jhaveri appearing on behalf of the
respondent-State.
2. Rule. Learned APP waives service of rule on behalf
of the respondent-State.
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R/CR.MA/9717/2026 ORDER DATED: 05/05/2026
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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.11198001240017 of
2024 registered with Nilambaug Police Station, District
Bhavnagar for the offence punishable under Sections
406, 420, 465, 467, 468, 471, 186 and 34 of the Indian
Penal Code, 1860 as well as under Sections 66(c) and
66(d) of the I.T. Act, 2000.
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.
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R/CR.MA/9717/2026 ORDER DATED: 05/05/2026
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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
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 charge-sheet
papers. Following aspects are considered:-
i. The applicant is a permanent resident of Bhavnagar
district, hence would be available at the time of trial;
ii. It would appear that, the co-ordinate bench of this
Court vide order dated 10.04.2026 in Criminal Misc.
Application No.6083 of 2026 has considered one co-
accused Jatin @ Jalaram for regular bail, who
NEUTRAL CITATION
R/CR.MA/9717/2026 ORDER DATED: 05/05/2026
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according to learned advocate for the applicant, has a
much serious role attributed than the present
applicant, and whereas, the said co-accused had been
released by learned coordinate bench, more
particularly considering that while the said co-accused
had undergone incarceration for more than two years,
the prosecution had cited 150 witnesses of which, only
18 witnesses had been examined, and 17 witnesses had
witnesses were remaining to be examined. Considering
the same, since it would appear that the trial would not
be completed any time soon, the said co-accused had
been released;
iii. It would appear that, the said observation would
apply mutatis mutandis in case of the present applicant
also, since the applicant is also in custody since June,
2024 which is more than a period of two years, and
whereas, the trial would not be completed any time
soon, considering that around 120 witnesses are yet to
be examined;
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iv. The investigation being over, charge-sheet has been
filed;
v. The apprehension of the learned APP, as regards the
applicant would indulge in similar or such offence, if
granted bail can be put to rest by imposing suitable
stringent conditions;
7. 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.
8. 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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R/CR.MA/9717/2026 ORDER DATED: 05/05/2026
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9. 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.11198001240017 of
2024 registered with Nilambaug Police Station, District
Bhavnagar, on executing a bail 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 his passport, if any, to the trial court
within a week, and if he does not possess a passport,
he shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Competent Court concerned;
[e] furnish the present address of his residence to the
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I.O. and to the Court at the time of execution of the
bond and shall not change his residence without prior
intimation to the I.O. and the court;
[f] mark his presence on once a week before the
concerned police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file affidavits before the concerned
court and the police station;
[h] file an undertaking before the concerned trial court
that, he would regularly remain present before the
court, during the trial;
10. 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 at
liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial court
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R/CR.MA/9717/2026 ORDER DATED: 05/05/2026
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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.
12. 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.
13. 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
