High Court of Gujarat
JAHID MUSTUFABHAI GHANCHI (AS PER NAME BAIL ORDER)versusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- NIRZAR S DESAI
Holding
The Court held that, on the facts, regular bail should be granted to the applicant.
Summary
The petitioner, Jahid Mustufabhai Ghanchi, applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR (C.R.No.11192035260143) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the Gujarat Police Act. The State opposed bail, arguing the offences were serious, but the Court noted that the applicant had been in custody since 27‑04‑2026, no injury was caused, the investigation was essentially complete, and the applicant had previously been acquitted of a related charge. Considering these facts, the Court exercised its discretion and granted regular bail on a personal bond of Rs 10,000 with one surety, subject to conditions such as surrendering passport, not leaving India without permission, monthly police reporting, and furnishing address details. The order also directed that the bail bond be executed before the trial court and that any breach of conditions could lead to a warrant. The trial court was instructed not to be influenced by the preliminary observations made at the bail stage.
Issues considered
- Whether regular bail can be granted before the filing of a charge‑sheet for the offences alleged under the Bharatiya Nyaya Sanhita, Arms Act and Gujarat Police Act.
- Whether the seriousness of the offences warrants denial of bail despite the applicant's claim of innocence.
- Whether the applicant's prior acquittal, lack of injury to any party, and completion of investigation justify the exercise of discretion in favour of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 189(2), 191(2), 191(3), 296(b), 351(3)
- Gujarat Police Act — s. 135
Subjects
- regular bail
- pre‑charge‑sheet bail
- discretion
- Bharatiya Nyaya Sanhita
- Arms Act
- Gujarat Police Act
- bail conditions
Judgment
R/CR.MA/11803/2026 ORDER DATED: 19/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11803 of 2026
==========================================================
JAHID MUSTUFABHAI GHANCHI (AS PER NAME BAIL ORDER)
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
SANKET K PANDYA(9451) for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 19/05/2026
ORAL ORDER
1. Heard learned advocate for the applicant and learned APP for
the respondent – State.
2. 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, Ahmedabad Rural for the offences punishable
under Sections 109(1), 351(3), 296(b), 189(2), 191(2) and
191(3) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-
b)(a) of Arms Act and Section 135 of the Gujarat Police Act.
3. Learned advocate for the applicant submitted that, the
applicant is not involved in commission of offence as alleged
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.
4. On the other hand, learned APP appearing for the respondent
Page 1 of 4
R/CR.MA/11803/2026 ORDER DATED: 19/05/2026
– 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.
5. 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 27.04.2026;
(ii) none of the persons involved in the quarrel has suffered
any injury from the present applicant;
(iii) though, the charge-sheet is not filed, the investigation
is substantially over;
(iii) though there was one FIR registered against the
present applicant, according to learned advocate Mr.
Sanket Pandya, the present applicant was acquitted in
that offence and the aforesaid aspects could not be
disputed by learned APP in present of Investigating
Officer.
6. 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
regular bail in connection with the FIR being
C.R.No.11192035260143 of 2026 registered with
Mandal Police Station, Ahmedabad Rural on executing
Page 2 of 4
R/CR.MA/11803/2026 ORDER DATED: 19/05/2026
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;
7. 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
this Court while enlarging the applicant on bail.
Page 3 of 4
R/CR.MA/11803/2026 ORDER DATED: 19/05/2026
8. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
(NIRZAR S. DESAI,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 19/05/2026 12:53:59
Page 4 of 4
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.