MERUBHAI HAMIRBHAI GADHVI (DISPOSED OF AS NOT PRESSED AS PER HON'BLE COURT'S ORDER DATED 21-01-2026)versusSTATE OF GUJARAT

     R/CR.MA/1401/2026                            ORDER DATED: 21/01/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
              AFTER CHARGESHEET) NO. 1401 of 2026
==========================================================
                     MERUBHAI HAMIRBHAI GADHVI & ANR.
                                  Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
MR. DHRUVIN U MEHTA(9993) for the Applicant(s) No. 1,2
MR JAY MEHTA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 21/01/2026

                               ORAL ORDER


1.     Learned advocate for the applicants does not press this
application at this stage qua applicant No.1 with a liberty to
approach this Court after a period of three months. Hence, the
present application stands disposed of as not pressed qua
applicant No.1.
       So far as applicant Nos.2 is concerned, this matter is taken
up for final disposal.


2.     Heard learned advocate Mr.D.U. Mehta appearing on behalf
of the applicants and learned Additional Public Prosecutor Mr.
Mehta, appearing on behalf of the respondent-State.


3.     Rule. Learned APP waives service of rule on behalf of the
respondent-State.


4.     The applicant has filed this application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the



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     R/CR.MA/1401/2026                          ORDER DATED: 21/01/2026




applicant on Regular Bail in connection with FIR being C.R.
No.11200049251533/2025 registered with Vapi GIDC Police
Station, Valsad for the offence punishable under Sections
308(1), 308(2), 308(6), 308(7) & 54 of the BNS, 2023.


5.          Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of
the allegation levelled, the applicant may be enlarged on regular
bail. It is further submitted that the since charge-sheet is filed,
no useful purpose would be served by keeping the applicant in
jail for indefinite period. It is further contended that the
applicant is ready and willing to abide by the conditions that may
be imposed by this Court if released on bail.


6.      As against the same, learned Additional Public Prosecutor
appearing for the respondent – State has vehemently objected to
the grant of regular bail. Learned APP has submitted that looking
to the nature of offence and the role attributed to the present
applicant as coming out from the charge-sheet, this Court may
not exercise the discretion in favour of the applicant and the
application may be dismissed.


7.     I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
       i.       The allegation being that the accused has extorted
       money from the complainant on the guise that they would


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   R/CR.MA/1401/2026                            ORDER DATED: 21/01/2026




     complain to the GPCB as regards the water pollution by the
     Company of the Complainant;


     ii.      The allegation being that the applicants had actually
     complained to the GPCB and whereas thereafter, the
     complainant had called the accused to the ofÏce of the
     complainant and after discussion, transferred an amount of
     Rs.15,000/-, i.e. Rs.7,500/- to accused No.1 and Rs.7,500/-
     to accused No.3;


     iii.     The fact of that though specific role being attributed
     to the present applicant yet It would appear that the
     applicant was not recipient of any extortion money;


     iv.      The fact that while there is specific conversation by
     the accused No.1 with the complainant and whereas, from
     the conversation, it would appear that the present
     applicant had complained to the GPCB;


     v.       Considering such a position, since the charge-sheet
     has been filed, this Court is inclined consider this
     application;


     This Court has taken into consideration the law laid down
by the Hon’ble Apex Court in the case of Sanjay Chandra v.
Central Bureau of Investigation reported in [2012] 1 SCC 40.




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     R/CR.MA/1401/2026                          ORDER DATED: 21/01/2026




8.      In the facts and circumstances of the case and considering
the nature of the allegations made against in the First
Information Report, 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 No.2 on regular
bail.


9.      Hence, the present application is allowed. The applicant
No.2 is ordered to be released on bail in connection with F.I.R.
registered as C.R. No.11200049251533/2025 registered with
Vapi GIDC Police Station, Valsad, on executing a bond of
Rs.10,000/- (Rupees Ten Thousands only) with one surety of the
like amount to the satisfaction of the trial Court and subject to
the conditions that he shall;
        [a] not take undue advantage of liberty or misuse liberty;
        [b] not act in a manner injurious to the interest of the
        prosecution;
        [c] surrender passport, if any, to the lower court within a
        week;
        [d] not leave the State of Gujarat without prior permission
        of the Sessions Court concerned;
        [e] shall furnish the present address of residence to the
        Investigating OfÏcer and also to the Court at the time of
        execution of the bond and shall not change the residence
        without prior intimation to the Investigating OfÏcer;
        [h] mark his presence before the concerned police Station
        once      a month for a period of three months before the



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      R/CR.MA/1401/2026                                                ORDER DATED: 21/01/2026




         concerned Police Station;


10.      The Authorities will release the applicant No.2 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 Court concerned will be free to take appropriate action
in the matter.


11.      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.


12.       At the stage of trial, the trial court shall not be influenced
by any observations of this Court which are of preliminary nature
made at this stage, only for the purpose of considering the
application of the applicants for being released on regular bail.


13.      The application is allowed in the aforesaid terms qua
applicant No.2. Rule is made absolute to the aforesaid extent.
Direct service is permitted.

                                                                        (NIKHIL S. KARIEL,J)
KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 22/01/2026 12:20:51




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