High Court of Gujarat
HAMIR @HAMLO ARSHIBHAI CHANDRAVADIYAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court exercised its discretion and granted regular bail to the applicant with specified conditions.
Summary
The applicant, Hamir @Hamlo Arshibhai Chandravadiya, was arrested on 17‑12‑2025 in connection with FIR C.R. No. 11185004251947 alleging offences under several sections of the BNS Act and Section 135(1) of the Gujarat Police Act. He filed a regular bail application under Section 483 of the BNSS, claiming he played no vital role and that continued detention was unwarranted. The State, represented by the respondent’s counsel and the original complainant’s lawyer, opposed bail, highlighting the applicant’s alleged assault with a wooden log and his prior similar antecedents. The Court, after hearing both sides, held that despite the seriousness of the charges, the applicant’s right to liberty justified the exercise of discretion, subject to stringent conditions. Consequently, the Court granted regular bail on a personal bond of Rs.10,000 with one surety and imposed conditions such as surrendering passport, not leaving India, furnishing address, and not entering Devbhumi Dwarka district for six months.
Issues considered
- Whether regular bail can be granted after the filing of a chargesheet under Section 483 of the BNSS for offences of serious nature.
- Whether the applicant’s past antecedents and the nature of the alleged assault preclude the exercise of judicial discretion in favour of bail.
Legislation cited
- Gujarat Police Acts. 135(1)
Subjects
regular bailSection 483chargesheetbail conditionscriminal procedureGujaratserious offencespast antecedents
Judgment
R/CR.MA/12548/2026 ORDER DATED: 05/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 12548 of 2026
==========================================================
HAMIR @HAMLO ARSHIBHAI CHANDRAVADIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR NEEL KANABAR for original complainant
MR RONAK RAVAL APP for the Respondent
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 05/06/2026
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.
11185004251947 of 2025 registered with Jam
Khambhaliya Police Station, Dist. Devbhumi
Dwarka, for the offences punishable under Sections
310(2)(5)(6), 311, 109(1), 118(1), 117(2), 115(2) and
351(3) of BNS and S. 135(1) of GP Act.
3. It is the submission of learned counsel for the
applicant that he is suffering confinement since
17.12.2025. He further submitted that the applicant
Page 1 of 4
R/CR.MA/12548/2026 ORDER DATED: 05/06/2026
has not played any vital role in the alleged offence.
Hence, further detention of the applicant is
unwarranted.
4. Learned APP and Mr. Neel Kanabar, learned advocate
for original complainant have 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, the applicant accused has
caused injury to the complainant with wooden log.
The complainant has already been discharged from
the hospital. It is submitted that the applicant having
a past antecedents of like nature. In such
circumstances, in my view, imposing stringent
condition, the case is made out for exercise of
discretion. Hence, the bail application is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being C.R.
No. 11185004251947 of 2025 registered with
Khambhaliya Police Station, Dist. Devbhumi
Dwarka, on executing a personal bond of
Page 2 of 4
R/CR.MA/12548/2026 ORDER DATED: 05/06/2026
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 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) Not to enter in Devbhumi Dwarka District for
a period of 6 months except for marking
presence before the concerned Court and/or
police station, if any.
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
Page 3 of 4
R/CR.MA/12548/2026 ORDER DATED: 05/06/2026
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)
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 05/06/2026 11:46:20
Page 4 of 4
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "regular bail"Sign in to search