High Court of Gujarat
LAKHAMAN @ GOGO RAJABHAI GALCHARversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court exercised its discretion to grant regular bail, finding that continued detention was unnecessary.
Summary
Lakhman @ Gogo Rajabhai Galchar was arrested on 10 May 2026 for allegedly injuring a complainant with an iron rod, facing charges under Sections 103(1), 115(2), 238(a) and 3(5) of the BNSS and Section 135 of the Gujarat Police Act. The applicant filed a regular bail application under Section 483 of the BNSS before the chargesheet was filed, claiming he had not played a vital role and had already been in custody for several weeks. The State opposed bail, arguing the nature of the accusation warranted continued detention. The Court, after hearing both sides and noting that the victim had been discharged and the investigation was nearly complete, held that further custody would serve no useful purpose. Consequently, the Court granted regular bail on a personal bond of Rs.10,000 with one surety, imposing standard conditions such as surrendering the passport and not leaving India without permission.
Issues considered
- Whether regular bail can be granted under Section 483 of the BNSS before the filing of a chargesheet in a case involving serious offences.
- Whether the nature of the alleged offence and the applicant's conduct justify denial of bail.
Legislation cited
- Gujarat Police Acts. 135
Subjects
regular bailpre‑chargesheet bailSection 483criminal procedureGujaratinjury offencebail conditions
Judgment
R/CR.MA/12443/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12443 of 2026
=========================================================
LAKHAMAN @ GOGO RAJABHAI GALCHAR
Versus
STATE OF GUJARAT
=========================================================
Appearance:
MR. RAVI L. GARCHAR(16000) for the Applicant(s) No. 1
MR. NEERAJ SHARMA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) 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. 11203006260055 of 2026 registered with
Batwa Police Station, Dist. Junagadh, for the offences
punishable under Sections 103(1), 115(2), 238(a) and 3(5) of
BNS and Section 135 of GP Act.
3. It is the submission of learned counsel for the applicant that he
is suffering confinement since 10.05.2026. He further
submitted that the applicant has not played any vital role in the
alleged offence. Hence, further detention of the applicant is
unwarranted.
4. Learned APP has opposed the bail application contending that,
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R/CR.MA/12443/2026 ORDER DATED: 04/06/2026
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
the applicant herein caused injury upon the complainant with
an iron rod. The victim has already been discharged from the
hospital and the investigation is almost over. In such
circumstances, further custody of the applicant is not
necessary. Therefore, I am inclined to exercise discretion in
favour of the applicant, as keeping the applicant behind bars
would not serve any useful purpose. Hence, the bail application
is allowed.
In such circumstances, considering the role attributable
to present applicant herein and evidence in support of charge,
without commenting on merits of the matter, 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. 11203006260055 of
2026 registered with Batwa Police Station, Dist. Junagadh,
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;
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R/CR.MA/12443/2026 ORDER DATED: 04/06/2026
(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;
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 permitted.
(ILESH J. VORA,J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/06/2026 11:10:18
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