High Court of Gujarat
VISHALBHAI THAKARSHIBHAI HANDA (KO.PATEL)versusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The court held that, notwithstanding the seriousness of the allegations, the applicant’s limited involvement, absence of prior convictions, and the filing of the charge‑sheet warranted the exercise of discretion to grant regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Vishalb... Handa, applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a charge‑sheet was filed for offences under Sections 137(2), 309(4)(6), 54 and 61(2) of the same Act. The prosecution opposed bail, arguing the seriousness of the alleged kidnapping and looting and the applicant's involvement in a reconnaissance of the crime scene. The court examined the nature of the allegations, the applicant’s limited role (only a recce), his clean antecedent record, and the fact that he had been in custody since 17‑Oct‑2025. Relying on the Supreme Court’s decision in Sanjay Chandra v. CBI, the court held that the circumstances justified the exercise of discretion in favour of bail. Consequently, the court granted regular bail on a bond of Rs.25,000 with a surety and imposed standard conditions such as surrender of passport and periodic reporting.
Issues considered
- Whether regular bail can be granted under Section 483 BNS after the filing of a charge‑sheet for serious offences.
- Whether the applicant’s role of conducting a recce and lack of direct participation in the kidnapping preclude bail.
- Whether the applicant’s clean antecedent record and period of custody support the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 309(4)(6), 483, 54, 61(2)
Subjects
- regular bail
- Bharatiya Nagarik Suraksha Sanhita
- charge‑sheet
- kidnapping
- recce
- bail conditions
- Sanjay Chandra v. CBI
Judgment
R/CR.MA/1754/2026 ORDER DATED: 25/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1754 of 2026
========================================================
VISHALBHAI THAKARSHIBHAI HANDA (KO.PATEL)
Versus
STATE OF GUJARAT
========================================================
Appearance:
MR ANIK EJAZ SHAIKH(10873) for the Applicant(s) No. 1
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/02/2026
ORAL ORDER
1. Heard learned advocate Mr. A.E. Shaikh appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi
appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No.11192061250605 of
2025 registered with Viramgam Town Police Station, Dist.
Ahmedabad, for the offence punishable under Sections 137(2), 309(4) (6),
54, 61(2) of the BNS.
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R/CR.MA/1754/2026 ORDER DATED: 25/02/2026
4. 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 since
the 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 all the conditions that may be
imposed by this Court if released on bail.
5. 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.
6. This Court has heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:
(i) While the allegation levelled in the FIR being very serious
inasmuch as the accused having intercepted the victim and
kidnapped him with the purpose of looting him and having
assaulted him and whereas the role attributed to the present
applicant being of having conducted a recce of the proposed
place, where the kidnapping was to be done along with co-
accused.
(ii) The fact of the applicant not being part of the group, which had
committed the actual crime in question
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R/CR.MA/1754/2026 ORDER DATED: 25/02/2026
(iii) The fact of the applicant being in custody since 17.10.2025 and
the charge-sheet having been filed.
(iv) The fact of the applicant not having any antecedents of any
nature whatsoever.
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.
7. In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant 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 on regular bail.
8. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with F.I.R. registered as C.R.
No11192061250605 of 2025 registered with Viramgam Town Police
Station, Dist. Ahmedabad, on executing a 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 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
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R/CR.MA/1754/2026 ORDER DATED: 25/02/2026
Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not
change the residence without prior intimation to the I.O.;
[f] mark presence once a month for a period of one year before the
concerned police station.
9. 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 Court concerned will be
free to take appropriate action in the matter.
10. 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. 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 applicant
for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 26/02/2026 12:03:29
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