MANJUBEN W/O VIJAYBHAI PARMAR (NAME AS PER SESSIONS COURT ORDER AND FIR)versusSTATE OF GUJARAT

     R/CR.MA/1157/2026                          ORDER DATED: 16/01/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 1157 of 2026
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     MANJUBEN W/O VIJAYBHAI PARMAR (MANJUBEN W/O VIJAYBHAI
           PARMAR/DEVIPUJAK- AS PER CHARGE SHEET)
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MR KM ANTANI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                          Date : 16/01/2026

                            ORAL ORDER

1.     Heard learned advocate Mr.S.D. Moghariya appearing on
behalf of the applicant and learned Additional Public Prosecutor
Mr.Antani 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 #led 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.
11189003251580 of 2025 registered with ‘A’ Division Morbi
City Police Station, Morbi, for o/ences punishable under
Sections 103(1), 118(2), 115(2), 189(2), 189(4), 191(2), 191(3) and
190 of Bhartiya Nyaya Sanhita and Section 135 of the GP Act.




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      R/CR.MA/1157/2026                        ORDER DATED: 16/01/2026




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 charge-sheet is #led, no useful
purpose would be served by keeping the applicant in jail for
inde#nite 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 o/ence 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. Though the o/ence alleged in the FIR is serious, i.e. one
     punishable under Section 103(1) of the BNS, yet it would
     appear that only a very limited role is attributed to the
     present applicant;


     ii. The fact of the applicant is stated to have given kick and

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      R/CR.MA/1157/2026                         ORDER DATED: 16/01/2026




     feast blows to Complainant and the injured victim, and not to
     the deceased;


     iii. The fact of the deceased having been assaulted by other
     co-accused using sharp-edged weapons, which resulted in his
     death;


     iv. The fact of the applicant being a lady accused, aged around
     24 years, without any antecedents;


     v. Applicant is in jail since 28.08.2025 and the Investigating
     O>cer having laid the charge-sheet;



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 in the First
Information Report, without discussing the evidence in detail,
prima facie, this Court is of the opinion that this is a #t case to
exercise the discretion and enlarge the applicant on regular bail.


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. 11189003251580 of 2025 registered with ‘A’


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      R/CR.MA/1157/2026                            ORDER DATED: 16/01/2026




Division Morbi City Police Station, Morbi, on executing a 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 she 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 intimation to the
      I.O.;

      [f] not to enter Morbi District for a period of six months from the
      date of this order;


10.      The Authorities will release the applicant only if she is not
required in connection with any other o/ence 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.




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        R/CR.MA/1157/2026                                                ORDER DATED: 16/01/2026




  11.      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.


  12.      At the stage of trial, the trial court shall not be inEuenced
  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.


  13.      The application is allowed in the aforesaid terms. Rule is
  made absolute to the aforesaid extent. Direct service is
  permitted.


                                                                          (NIKHIL S. KARIEL,J)
  KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 17/01/2026 13:35:08




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