DHIRUBHAI @ DHIRAJBHAI JIVABHAI BARIYAversusSTATE OF GUJARAT

   R/CR.MA/13078/2026                                ORDER DATED: 15/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 13078 of 2026

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               DHIRUBHAI @ DHIRAJBHAI JIVABHAI BARIYA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR HARSHIL G BHAVSAR(11263) for the Applicant(s) No. 1
MR RUTURAJ NANAVATI(5624) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 15/06/2026

                                  ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11186003260087 of 2026 registered
with Navabandar Marine Police Station, District Gir-Somnath, for the
offences under Sections 108 and 54 of BNS.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Investigation is over and chargesheet has been filed. Nothing is required to
be recovered or discovered. Co-accused having similar role are granted bail
and on the ground of parity also, applicant may be enlarged on bail . He
therefore submits that, considering the nature of the offence, the applicant
may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed
the present application and requested to dismiss the present application for
regular bail on the ground that the applicant and other co-accused
threatened the deceased to viral her photographs and videos if money is not



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   R/CR.MA/13078/2026                                    ORDER DATED: 15/06/2026




paid. Thereby, all the accused threatened and tortured the deceased, due to
which, the deceased has committed suicide by hanging herself. Therefore,
present application does not deserve consideration.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:

      (1)     Investigation is over and charge-sheet is filed;
      (2)     Applicant is behind the bar since 26.01.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicant;
      (4)     Co-accused having similarly situated role are enlarged on
              regular bail and therefore, on the ground of parity also
              (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in
              2011      (3)   GLR   1999),    present   application    deserves
              consideration.
      (5)     Obviously commencement and conclusion of trial will take
              its own time.


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    R/CR.MA/13078/2026                                    ORDER DATED: 15/06/2026




         (6)      Allegation against the applicant is that accused No.1 who
                  happens to be brother of applicant had extra-marital affair
                  with the deceased and due to such relationship, he lended
                  some money to the deceased and upon demand the money
                  and threatened that if she will not return the money, he will
                  circulate her photographs and video as accused No.1 had chats
                  and photographs, which triggered the alleged incident.

[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a
fit case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R. No.
11186003260087 of 2026 registered with Navabandar Marine Police
Station, District Gir-Somnath on executing a personal bond of Rs.25,000/-
(Rupees Twenty-five Thousand only) with one surety of the like amount to
the satisfaction of the trial Court and subject to the conditions that he/she
shall;

   (a)         not take undue advantage of liberty or misuse liberty;
   (b)         not act in a manner injurious to the interest of the prosecution &


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      R/CR.MA/13078/2026                                                       ORDER DATED: 15/06/2026




               shall not obstruct or hamper the police investigation and shall not
               to play mischief with the evidence collected or yet to be collected
               by the police;
     (c)       surrender passport, if any, to the Trial Court within a week;
     (d)       not leave the State of Gujarat without prior permission of the Trial
               Court concerned;
     (e)       mark presence before the concerned Police Station once in every
               month for a period of six months between 11.00 a.m. and 2.00
               p.m.;
     (f)       furnish the Aadhaar card, email ID/present address of his
               residence to the Investigating Officer and also to the Court at the
               time of execution of the bond and shall not change the residence/
               contact number without prior permission of Trial Court;
     (g)       not to indulge in any illegal activity failing which learned trial
               Court shall issue warrant and cancel the bail of the applicant.
[9.0] The authorities will release the applicant only if he 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.

[10.0] Bail bond to be executed before the 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.

[11.0] At the trial, the 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.

[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.


                                                                         (HASMUKH D. SUTHAR,J)
SUCHIT

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 15/06/2026 14:50:31

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