SACHIN @ DEVRAJ DHARAMBHAI PARDI (NUT)versusSTATE OF GUJARAT

      R/CR.MA/25697/2025                             ORDER DATED: 23/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 25697 of 2025

========================================================
             SACHIN @ DEVRAJ DHARAMBHAI PARDI (NUT) & ORS.
                                Versus
                          STATE OF GUJARAT
========================================================
Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1,2,3
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 23/02/2026

                               ORAL ORDER


1.       Heard learned Advocate Mr. O.I. Pathan on behalf of the applicants
and learned Additional Public Prosecutor Mr. L.B. Dabhi for the
respondent-State.


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


3.       The present applicants who have been arraigned as an 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. 11191045250549 of 2025 registered
with Sola High Court Police Station, District: Ahmedabad City for
offences punishable under Sections 305(a), 331(4) and 54 of the Bhatriya
Nyay Sanhita, 2023 after filing of the charge-sheet more particularly the
application preferred by the applicants having been rejected by the learned


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     R/CR.MA/25697/2025                                 ORDER DATED: 23/02/2026




Trial Court.


4.      Learned Advocate for the applicants would submit that considering
the role attributed to the applicants, and nature of the allegation levelled, 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 contended that the
applicants are 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 applicants as coming out from the charge-
sheet, this Court may not exercise the discretion in favour of the applicants
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)       The allegation being of having committed theft etc. and
        whereas prima facie it would appear that the involvement of the
        present applicants is clear more particularly since the muddamaal had
        been recovered from the present applicants.


        (ii)    This Court has considered the fact that the applicants aged
        around 20 and 21 years, more particularly the applicants not having


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     R/CR.MA/25697/2025                                   ORDER DATED: 23/02/2026




        any antecedents and the applicants being in custody since 20.07.2025
        and the charge-sheet having been filed by the Investigating Officer.


        (iii)    Though co-accused is stated to have large number of
        antecedents yet the applicants could not be kept in custody
        indefinitely for the said reason.


7.      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.


8.      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
applicants on regular bail.



9.           Hence, the present application is allowed. The applicants are
ordered to be released on bail in connection with FIR being C.R. No.
11191045250549 of 2025           registered with Sola High Court Police
Station, District: Ahmedabad City on executing a bond of Rs.10,000/-
(Rupees Ten Thousand only) each 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;




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       R/CR.MA/25697/2025                                                      ORDER DATED: 23/02/2026




         [c]      surrender passport, if any, to the lower court within a week;
         [d]       Mark their presence in the concerned Police Station once in a
         month for a period of six months ;
         [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 residential address without prior intimation to the I.O.


10.       The Authorities will release the applicants only if they are 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.


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. 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 24/02/2026 12:03:18




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