[Cites 3, Cited by 0]
Gujarat High Court
Chudesara Nizam Ganibhai vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11600/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11600 of 2026
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CHUDESARA NIZAM GANIBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR RUCHIT J VYAS(10687) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
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. 11198001240017/2024 registered
with Nilambaug Police Station, Bhavnagar for the
offences punishable under Sections 406, 420, 465, 467,
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R/CR.MA/11600/2026 ORDER DATED: 13/05/2026
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468, 471, 186, 34 of the IPC, Sections 66(c), 66(d) of the
Information Technology Act read with Sections 3(1), 3(2),
3(3), 3(4), 3(5) of the Gujarat Control of Terrorism and
Organized Crime Act, 2015.
3.1. While the offence is very serious, yet, the present
application has been pressed by learned advocate for the
applicant only on the ground of delay in completion of
the trial. It is submitted by learned advocate that the
applicant is in custody since 21.02.2024 and whereas, the
trial has not proceeded effectively.
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
NEUTRAL CITATION
R/CR.MA/11600/2026 ORDER DATED: 13/05/2026
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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. It would appear that the learned Coordinate Bench of
this Court vide order dated 10.04.2026 in Criminal Misc.
Application No.6083/2026 has considered one co-accused
Jatin @ Jalaram for enlargement on regular bail, who
according to learned advocates for the applicant, has a
much serious role attributed than the present applicant,
and whereas, the said applicant had been released by
learned Coordinate Bench more particularly considering
that, while the applicant had undergone incarceration for
more than two years, the prosecution has cited 150
witnesses of which only 18 witnesses had been examined
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R/CR.MA/11600/2026 ORDER DATED: 13/05/2026
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and 17 witnesses had been dropped and whereas,
approximately 120 witnesses were remaining to be
examined. Considering the same, since it would appear
that the trial would not complete any time soon, the
said co-accused had been released.
ii. 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 February,
2024 which is more than a period of two years and
whereas, the trial would not complete any time soon
considering that around 120 witnesses are yet to be
examined, having regard to the same, this Court is
inclined to consider this application.
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
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R/CR.MA/11600/2026 ORDER DATED: 13/05/2026
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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. 11198001240017/2024
registered with Nilambaug Police Station, Bhavnagar, 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;
[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
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intimation to the I.O.;
[f] mark presence once 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.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
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service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
