BALDEV @ BALI VIRBHANU DANGARversusSTATE OF GUJARAT

      R/CR.MA/24939/2025                              ORDER DATED: 10/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 24939 of 2025

========================================================
                   BALDEV @ BALI VIRBHANU DANGAR & ANR.
                                    Versus
                             STATE OF GUJARAT
========================================================
Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1,2
MR TRUPESH KATHIRIYA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 10/02/2026

                               ORAL ORDER


1.       Heard learned Advocate Mr. Virat Popat on behalf of the applicant
and learned Additional Public Prosecutor Mr. Trupesh Kathiriya on behalf
of respondent- State.


2.       Rule. Learned APP and learned Advocate waive service of rule on
behalf of the respective respondents.

3.       The present applicants who have been arraigned as accused have
preferred this application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in
connection with FIR being C.R. No. 75 of 2014 registered with Lodhika
Police Station, District: Rajkot for the offences punishable under
Sections 143, 144, 341, 384, 387, 389, 465, 467, 471, 506(2), 504 and 120(b)
of the Indian Penal Code after filing of the charge-sheet.




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      R/CR.MA/24939/2025                                ORDER DATED: 10/02/2026




4.       It would appear that the applicants having been arraigned as accused
for the offences punishable under Sections 143, 144, 341, 384, 387, 389,
465, 467, 471, 506(2), 504 and 120(b) of the Indian Penal Code, had
approached the learned Sessions Court for being released on regular bail and
whereas vide an order dated 22.05.2015, learned Co-ordinate Bench had
considered their case for being enlarged on regular bail. It would appear that
the bail order inter alia contained a condition that they shall not engage in
offences of similar nature or any other offence and whereas it appears that
since the present applicants had allegedly misused the liberty granted to
them, an application for cancellation of bail had been preferred and vide an
order dated 02.05.2022 learned Co-ordinate Bench in Criminal Misc.
Application No. 11447 of 2015 had cancelled the bail granted to the present
applicants amongst others.


4.1      It would appear that the said decision had been challenged by the
applicants before the Hon’ble Supreme Court and vide an order dated
13.10.2025, the Hon’ble Supreme Court while not entertaining the
challenge, had directed that if the applicants surrender on or before
24.10.2025 then it would be open for the applicants to prefer an application
for bail before appropriate forum and whereas in case they do not surrender
till the said date, then while the Trial Court was directed to take all possible
coercive measures, the applicants were to remain in jail till conclusion of
the trial. It is pointed out that the applicants having surrendered before
24.10.2025 had sought for being enlarged on regular bail and vide an order
dated 14.11.2025, learned Additional Sessions Judge, Gondal had rejected
the said application, aggrieved by which the applicants have approached
this Court.




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     R/CR.MA/24939/2025                                   ORDER DATED: 10/02/2026




5.      Learned Advocate on behalf of the applicants would submit that
considering the role attributed to the applicants, and nature of the allegation
levelled against, the applicants 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 applicants in jail for indefinite period. It is further
submitted that applicants are ready and willing to abide by all the conditions
that may be imposed by this Court if released on bail.


6.      The present application is vehemently objected to by learned APP on
behalf of respondent- State by submitting that looking to the nature of
offence and the role attributed to the present applicants, this Court may not
exercise the discretion in favour of the applicant and the application may be
dismissed.


7.      This Court has heard learned Advocates for the respective parties and
perused the FIR including charge-sheet as well as order passed by learned
Session Court as well as affidavit filed by the investigating officer before the
learned Trial Court.


8.       This Court has also considered the following aspects:


                (i)       It would appear that the fact of the applicants having
                been granted regular bail, vide an order of the year 2015 in the
                present offence, could not be ignored more particularly the
                said liberty being cancelled since the subsequent conduct of the
                applicants was not upto the mark.


                (ii)      The above observation being elaborated to mean that a


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      R/CR.MA/24939/2025                                    ORDER DATED: 10/02/2026




                 competent court having considered the case of the applicants,
                 and had released the applicants on regular bail while the
                 consideration remained, since the applicants had misused their
                 liberty, the bail had been cancelled.


                 (iii)     The fact of the applicants being in custody as of now
                 since around four months and according to learned Advocate
                 Mr. Popat at the relevant point of time in the year 2015 the
                 applicants were in custody for around more than six months
                 before they have been enlarged on bail.


                 (iv)      While applicants are stated to have various antecedents,
                 it would appear that the antecedents are of the year 2014-15
                 and whereas there is only one FIR of the year 2016 and there is
                 no FIR after.


                 (v)       This Court has also taken into consideration the
                 maximum punishment that could be imposed insofar as the
                 offence is concerned.


9.       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.


10.      In the facts and circumstances of the case and considering the nature
of the allegations made against the applicants 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


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      R/CR.MA/24939/2025                                  ORDER DATED: 10/02/2026




applicant on regular bail.



11.           Hence, the present application is allowed. The applicants are
ordered to be released on bail in connection with FIR being C.R. No. 75 of
2014 registered with Lodhika Police Station, District: Rajkot on
executing a bond of Rs. 25,000/- (Rupees Twenty Five thousand ) 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] Mark presence in the concerned Police Station once in every
        15 days till the commencement of trial;


        [f]       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 residential address without prior intimation to the I.O.


12.      The Authorities will release the applicants 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 take appropriate action in the matter.


13.       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


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        R/CR.MA/24939/2025                                                         ORDER DATED: 10/02/2026




 and/or relax any of the above conditions in accordance with law.


 14.       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.


 15.       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 12/02/2026 11:13:50




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