High Court of Gujarat
VALIBHAI SUMARBHAI SINDHIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the regular bail application, granting bail with conditions.
Summary
The applicant sought regular bail under Section 483 of the BNSS for offences under Sections 25(1)(a) and 25(1)(b) of the Arms Act, Section 281 of the BNS, and Sections 177 and 184 of the Motor Vehicles Act. The applicant claimed he had been in custody since 13‑04‑2026 and asserted he played no vital role in the alleged crime. The State opposed bail, arguing the nature of the accusations warranted continued detention. The Court observed that no incriminating material was found in the applicant's possession and that the seized gunpowder and firearms were linked to another accused. Consequently, the Court granted regular bail on a personal bond of Rs.10,000 with a surety, imposing several conditions such as surrendering passport, not leaving India without permission, and reporting monthly to the police station.
Issues considered
- Whether bail can be granted under Section 483 of the BNSS before the charge sheet is filed.
- Whether the absence of incriminating material in the applicant's possession justifies granting bail.
- Whether the conditions imposed are sufficient to safeguard the interests of justice.
Legislation cited
- Arms Acts. 25(1)(a), s. 25(1)(b)
Subjects
regular bailpre‑charge sheet bailArms ActMotor Vehicles Actbail conditionscriminal procedure
Judgment
R/CR.MA/12422/2026 ORDER DATED: 03/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12422 of 2026
==========================================================
VALIBHAI SUMARBHAI SINDHI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR PIYUSH B. TRIVEDI WITH MR PRATIK B BAROT(3711) for the
Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 03/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
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.
11996002260013 of 2026 registered with
Bhabhar Police Station, Dist. Vav-Tharad, for
the offences punishable under Sections 25(1)(b) and
25(1)(a) of Arms Act, Section 281 of BNS and Section
177 and 184 of M.V. Act.
3. It is the submission of learned counsel for the
applicant that he is suffering confinement since
13.04.2026. He further submitted that the applicant
has not played any vital role in the alleged offence.
Page 1 of 4
R/CR.MA/12422/2026 ORDER DATED: 03/06/2026
Hence, further detention of the applicant is
unwarranted.
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 applicant.
5. Having heard the learned counsel for the respective
parties and upon perusal of the material placed on
record, it appears that, nothing incriminating
material found from the conscious possession of the
applicant herein. The alleged gun powder found from
the bike. The fire arms also found from the accused
no. 1. In such circumstances, imposing stringent
condition, I deemed it fit to release the applicant on
bail. Hence, present application is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being C.R.
No. 11996002260013 of 2026 registered with
Bhabhar Police Station, Dist. Vav-Tharad, 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:
Page 2 of 4
R/CR.MA/12422/2026 ORDER DATED: 03/06/2026
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 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) shall mark his presence on Monday of first
week of every month between 11-00 to 12-00
before Bhabhar Police Station for a period of
6 months
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
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R/CR.MA/12422/2026 ORDER DATED: 03/06/2026
the expression of any opinion on the merits of this
case. Rule is made absolute to the aforesaid extent.
Direct service permitted.
(ILESH J. VORA,J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 03/06/2026 11:18:25
Page 4 of 4
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