Imtiyazbhai Habibbhai Ghanchi vs State Of Gujarat
2026 Latest Caselaw 3821 Guj

Gujarat High Court

Imtiyazbhai Habibbhai Ghanchi vs State Of Gujarat on 22 May, 2026

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                                    NEUTRAL CITATION




                           R/CR.MA/11946/2026                                         ORDER DATED: 22/05/2026

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                                       CHARGESHEET) NO. 11946 of 2026

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                                                IMTIYAZBHAI HABIBBHAI GHANCHI
                                                             Versus
                                                   STATE OF GUJARAT & ANR.
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                      Appearance:
                      SANKET K PANDYA(9451) for the Applicant(s) No. 1
                      MR ROHAN RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
                      No. 1
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                         CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                           Date : 22/05/2026

                                                               ORAL ORDER

1. RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent - State.

2. Heard learned advocate for the applicant and learned APP for the respondent - State.

3. By this application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11192035260143 of 2026 registered with Mandal Police Station, District Ahmedabad Rural for the offences punishable under Sections 109(1), 351(3), 296(b), 189(2), 191(2), 191(3) etc. of the Bharatiya Nyay Sanhita, 2023, under Section 25(1-b)(a) of the Arms Act and under Section 135 of the Gujarat Police Act.

4. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged

NEUTRAL CITATION

R/CR.MA/11946/2026 ORDER DATED: 22/05/2026

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in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

5. On the other hand, learned APP appearing for the respondent

- State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised.

6. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :-

(i) the applicant is in jail since 28.04.2026;

(ii) though, the charge-sheet is not filed, the investigation is substantially over;

(iii) none of the persons involved in the quarrel has suffered any injury from the present applicant;

(iv) though there was one FIR registered against the present applicant, according to the learned advocate Mr. Sanket Pandya, the said FIR was quashed;

7. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on

NEUTRAL CITATION

R/CR.MA/11946/2026 ORDER DATED: 22/05/2026

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regular bail in connection with the FIR being C.R.No.11192035260143 of 2026 registered with Mandal Police Station, District Ahmedabad Rural on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] furnish latest 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 trial Court;

[f] mark his presence before the concerned police station in the first week of every month till the trial is over;

8. The Authorities will release the applicant only if the applicant 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 Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned 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. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by

NEUTRAL CITATION

R/CR.MA/11946/2026 ORDER DATED: 22/05/2026

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this Court while enlarging the applicant on bail.

9. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(NIRZAR S. DESAI,J)

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