[Cites 8, Cited by 0]
Gujarat High Court
Jitesh @ Jitendra Govindbhai Amrabhai ... vs State Of Gujarat on 18 May, 2026
NEUTRAL CITATION
R/CR.MA/11701/2026 ORDER DATED: 18/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11701 of 2026
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JITESH @ JITENDRA GOVINDBHAI AMRABHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
MR ROHAN N SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 18/05/2026
ORAL ORDER
Rule returnable forthwith. Learned A.P.P. waives service of notice of
Rule for the respondent - State of Gujarat.
[1] The present application is filed under Section 439 of the Code of
Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.
No.11211050260169 of 2026 registered with Thangadh Police Station,
District -Surendranagar for offence under Sections 115(2), 118(1), 118(2),
117(2), 351(2), 54 of the BNS and Section 135 of the Gujarat Police Act.
[2] Learned Advocate appearing on behalf of the applicant submits that
considering the nature of the offence, the applicant may be enlarged on
regular bail by imposing suitable conditions.
[3] Learned APP appearing on behalf of the respondent - State has
opposed grant of regular bail looking to the nature and gravity of the
offence.
NEUTRAL CITATION
R/CR.MA/11701/2026 ORDER DATED: 18/05/2026
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[4] Learned Advocates appearing on behalf of the respective parties do
not press for further reasoned order.
[5] Having heard the learned advocates for the parties and perusing
the material placed on record and taking into consideration the facts of
the case, nature of allegations, gravity of offences, role attributed to the
accused, without discussing the evidence in detail, this Court is of the
opinion that this is a fit case to exercise the discretion and enlarge the
applicant on regular bail.
[6] This Court has considered following aspects,
(a) The applicant is in jail since 19.04.2026.
(b) Considering the fact that the accused no.1 namely Govind
Amarabhai Parmar who is alleged to have given a pipe blow on the
head by which the victim received 6 stitches on the head has been
released by the Trial Court and sofaras the accused no.3 is
concerned, namely Manukhbhai Bhikhabhai Singal is also released
by the coordinate Bench of this Court in Criminal Misc. Application
No.10691 of 2026 on Anticipatory Bail;
(c) the present applicant having a less role than the accused no.1
deserves to be considered on the ground of parity;
(d) Considering the offence alleged and the punishment prescribed,
the trial may take its own course and even no fruitful purpose would
be achieved by keeping the applicant in jail.
(e) In the facts and circumstances of the present case and
considering the role attributed to the applicant and the allegations
levelled against him, the case of the applicant deserves
consideration and, therefore, I am inclined to consider the case of
the applicant.
NEUTRAL CITATION
R/CR.MA/11701/2026 ORDER DATED: 18/05/2026
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[7] This Court has also taken into consideration the law laid down by
the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central
Bureau of Investigation, reported in [2012] 1 SCC 40.
[8] Hence, the present application is allowed. The applicant is ordered
to be released on regular bail in connection with FIR being
11211050260169 of 2026 registered with Thangadh Police Station, District
-Surendranagar on executing a personal bond of Rs.10,000/- (Rupees Ten
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 India without prior permission of the concerned
trial court;
[e] mark presence before the concerned Police Station between 1 st
to 10th day of every English calendar month for a period of six
months between 11:00 a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the Investigating
Officer and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission of the
concerned trial court;
[9] The authorities shall release the applicant only if he is not required
in connection with any other offence for the time being. If breach of any of
NEUTRAL CITATION
R/CR.MA/11701/2026 ORDER DATED: 18/05/2026
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the above conditions is committed, the Sessions Judge concerned will be
free to issue warrant or take appropriate action in the matter. 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.
[10] At the trial, the Trial Court shall not be influenced by the prima facie
observations made by this Court in the present order.
[11] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
[12] Registry to communicate this order to the concerned
Court/authority by Fax or Email forthwith.
(NIRAL R. MEHTA,J)
URIL RANA
