High Court of Gujarat
BHAVINBHAI BABUBHAI AMALIYARversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The court held that regular bail could be granted as the ingredients of abetment of suicide were not attracted in the present circumstances.
Summary
The applicant, Bhavinbhai Babubhai Amaliy ar, was in judicial custody since 8 February 2026 for an FIR (C.R. No.11821033260195) alleging offences under Section 107 of the BNS, 2023 relating to the suicide of a minor. The applicant sought regular bail under Section 483 of the BNSS, arguing that the ingredients of abetment of suicide were not present. The State opposed bail, contending that the nature of the accusation and the applicant's conduct warranted denial of bail. The court noted that the suicide was self‑inflicted, no suicide note was found, and the FIR was based solely on an oral statement by the victim’s brother, leading the judge to find no clear case of abetment. Consequently, the court granted regular bail on a personal bond of Rs.10,000 with a surety, subject to standard conditions, and ordered the applicant’s release.
Issues considered
- Whether the facts of the case satisfy the ingredients of abetment of suicide under Section 107 of the BNS, 2023.
- Whether regular bail can be granted after the filing of a chargesheet under Section 483 of the BNSS.
- Whether the applicant's conduct and the nature of the accusation justify denial of bail.
Subjects
regular bailSection 107abetment of suicideSection 483judicial custodybail conditionscriminal procedure
Judgment
R/CR.MA/12220/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12220 of 2026
==========================================================
BHAVINBHAI BABUBHAI AMALIYAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for and on
behalf of the respondent – State.
2. The applicant, by way of this application filed under Section 483
of the BNSS, seeks regular bail in connection with the FIR being
C.R. No.11821033260195 of 2026 registered with Limdi Police
Station, Dahod for the offences punishable under Section 107 of
the BNS, 2023.
3. It is the submission of learned counsel for the applicant that the
applicant is in judicial custody since 08.02.2026. He further
submitted that the ingredients of abatement of suicide are not
attracted at all. Thus, having regard to the evidence in support of
the charge, it is a fit case to exercise the discretion in favour of
the applicant.
4. Learned APP has opposed the bail application contending that,
considering the conduct of the applicant and nature of
accusation, the discretion may not be exercised in favour of the
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R/CR.MA/12220/2026 ORDER DATED: 02/06/2026
applicant.
5. Having heard learned advocates for the respective parties and
upon perusal of material placed on record, it appears that the
minor deceased, on account of her relation with the accused,
ended her life by committing suicide on 27.01.2026. Admittedly,
during the investigation, no any suicide note being found. On the
basis of the oral discussion with her brother, the FIR came to be
registered. After knowing the facts of the relations with the
applicant, the brother did not have lodged the FIR. In such
circumstances, without much discussions on merits of the case, I
am inclined to enlarge the applicant on regular bail.
6. Hence, the bail application is allowed and the applicant is
ordered to be released on regular bail in connection with the FIR
being C.R. No.11821033260195 of 2026 registered with Limdi
Police Station, Dahod, on executing a personal bond of
Rs.10,000/- (Rupees Ten thousands only), with one surety of the
like amount to the satisfaction of the learned Trial Court and
subject to the conditions that he shall:
No. Conditions
(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
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R/CR.MA/12220/2026 ORDER DATED: 02/06/2026
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;
7. The authorities shall release the applicant if he is not required in
connection with the any other offence. If breach of any above
condition is committed, the Sessions Judge concerned shall take
appropriate action or issue warrant against the applicant. The
bail bond to be executed before the learned trial Court having
jurisdiction to try the case. It will be open for the sessions judge
concerned to delete, modify and/or relax any of the above
conditions, in accordance with law. Nothing stated hereinabove,
shall tantamount to the expression of any opinion on the merits
of this case. Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(ILESH J. VORA,J)
Rakesh
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 02/06/2026 11:11:49
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