PRASHANTBHAI SURESHBHAI JADAVversusSTATE OF GUJARAT

      R/CR.MA/26300/2025                                         ORDER DATED: 18/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 26300 of 2025

==========================================================
                           PRASHANTBHAI SURESHBHAI JADAV
                                       Versus
                                 STATE OF GUJARAT
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR NIRAJ SHARMA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                   Date : 18/02/2026

                                     ORAL ORDER


1.       Heard learned advocate Mr.Ashish Dagli appearing on
behalf       of     the      applicant    and          learned   Additional         Public
Prosecutor Mr. Niraj Sharma 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



                                         Page 1 of 6
     R/CR.MA/26300/2025                       ORDER DATED: 18/02/2026




the applicant on Regular Bail in connection with FIR being
C.R. No.11211050250369 of 2025 registered with Thangadh
Police Station, Surendranagar for the offence punishable under
Sections       115(1), 352, 351(2) and 54 of the B.N.S. Act and
under Section 135 of the GP Act.



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.


                               Page 2 of 6
     R/CR.MA/26300/2025                       ORDER DATED: 18/02/2026




6.      I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-

     i. Allegation in the FIR is of having caused injuries which
     has led to the death of the deceased whereas the injuries
     correspond to the offence under Sections 105, 115(1), 352,
     351(2) and 54 of the B.N.S. Act.

     ii. The allegation being that the present applicant had
     assaulted the deceased more particularly, since the deceased
     was not heeding to their request of giving his share of a
     common wall which had been constructed by the applicant
     herein.

     iii. The fact of there being cross complaint which has been
     filed by the present applicant where it appears that the
     present complainant side, is stated to be the aggresars and
     whereas it prima facie appears that the ladies form the
     household of the present applicant had also sustained
     injuries.

     iv. It would also appear that the present is a case of an
     altercation between two neighbours and therefore, does not
     appear to be any intend on part of the applicant herein to
     have caused any such injury, which would be corresponding
     to an offence punishable under Section 105 of the B.N.S.


                              Page 3 of 6
     R/CR.MA/26300/2025                                 ORDER DATED: 18/02/2026




     Act, more particularly, which has resulted into the death of
     the deceased. The applicant being 33 years old person, in
     custody since 16.05.2025 and charge sheet having been filed
     and having no antecedents.

        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. No.11211050250369 of 2025 registered with
Thangadh Police Station, Surendranagar, 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;

                                        Page 4 of 6
     R/CR.MA/26300/2025                        ORDER DATED: 18/02/2026




     [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] not to enter into the limits of Thangadh police station
     for a period of six months except for marking presence;

     [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 residence without prior intimation to
     the I.O.;

     [g] mark presence once in a month for a period of six
     months 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.




                              Page 5 of 6
      R/CR.MA/26300/2025                                                        ORDER DATED: 18/02/2026




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)
NAIR SMITA V./18-SB-1




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 19/02/2026 10:17:45




                                                   Page 6 of 6