DILIP JUBANSING NIGWALversusSTATE OF GUJARAT

    R/CR.MA/15076/2026                                ORDER DATED: 06/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 15076 of 2026
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                         DILIP JUBANSING NIGWAL
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR. MOHAMMADHUSSAIN A. SHAIKH(20405) for the Applicant(s) No. 1
MR. UMIR I. GHADIYALI(20723) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 06/07/2026

                                   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. 11210002253981 of 2025 registered
with Sachin GIDC Police Station, Dist. Surat, for the offences under
Sections 103(1) and 54 of BNS and Section 135 (1) of the GP Act.

[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. The applicant has no past antecedent. The
applicant has not inflicted any blow to the victim. 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 when accused No.1 made an assault to the
deceased by knife, the applicant has instigated him and restricted other
people to rescue the deceased and thereby, abetted in the offence.



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Considering the gravity of offence, no case is made out to entertain present
bail     application.       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 chargesheet has been filed;
          (2)     Applicant is behind the bar since 07.12.2025;
          (3)     There is nothing to be recovered or discovered from the
                  applicant;
          (4)     No past antecedent;
          (5)     Injured is out of danger and discharged from the hospital;
          (6)     Obviously commencement and conclusion of trial will take
                  its own time.
          (7)     The applicant has instigated accused No.1 while he made an
                  assault by knife to the deceased, except this, he has not played
                  any role. There is no any overtact on the part of the applicant.


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    R/CR.MA/15076/2026                                  ORDER DATED: 06/07/2026




[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.
11210002253981 of 2025 registered with Sachin GIDC Police Station,
Dist. Surat, 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 &
           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 a



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         R/CR.MA/15076/2026                                                       ORDER DATED: 06/07/2026




                  month for a period of six months; ;
        (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 06/07/2026 14:37:51

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