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High Court of Gujarat

UDHAM SITARAM KAMODI GAUD (AADIVASI)versusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court held that, on the facts, the applicant is entitled to regular bail and ordered his release on bail.

Summary

Udham Sitaram Kamodi Gaud applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a charge‑sheet was filed for offences under Sections 109(2), 118(2), 117(2), 352, 54 of the BNS and Section 135 of the Gujarat Police Act. The applicant argued that he played a minor role, the injuries were caused by co‑accused, and he had no prior criminal record, so continued detention would serve no useful purpose. The State opposed bail, contending that the seriousness of the offences and the applicant’s alleged involvement warranted denial of liberty. The court examined the nature of the allegations, the applicant’s custody since 01‑09‑2025, and applied the Supreme Court’s principles from Sanjay Chandra v. CBI on bail discretion. Finding that the applicant’s role was peripheral and that bail would not prejudice the investigation, the court exercised its discretion to grant regular bail. Accordingly, the applicant was released on a Rs 10,000 bond with specified conditions.

Issues considered

  • Whether regular bail can be granted after the filing of a charge‑sheet under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the nature of the offences and the applicant's alleged role justify denial of bail.
  • Whether the applicant's custody since 01‑09‑2025 and lack of antecedent convictions affect the bail decision.
  • How the principles laid down in Sanjay Chandra v. CBI (2012) apply to the exercise of bail discretion in this case.

Legislation cited

Subjects

  • regular bail
  • charge sheet
  • Bharatiya Nagarik Suraksha Sanhita
  • Gujarat Police Act
  • criminal procedure
  • Sanjay Chandra precedent
  • co‑accused role
  • bail discretion

Judgment

     R/CR.MA/27664/2025                                   ORDER DATED: 05/01/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 27664 of 2025
==========================================================
                   UDHAM SITARAM KAMODI GAUD (ADIVASI)
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR BIPIN BHATT(1529) for the Applicant(s) No. 1
MR LB DABHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 05/01/2026
                                 ORAL ORDER

1.      Heard learned advocate Mr.Bipin Bhatt 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 #led 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.   11199027250526/2025             registered         with

Jambusar Police Station, Bharuch for the o6ence punishable

under Sections 109(2), 118(2), 117(2), 352, 54 of the BNS and

Section 135 of the G.P.Act.




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     R/CR.MA/27664/2025                                ORDER DATED: 05/01/2026




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 #led no useful purpose would be served by keeping

the applicant in jail for inde#nite 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 o6ence 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.      I have heard learned advocates appearing on behalf of

the respective parties and perused the papers. Following

aspects are considered:-

     i. While serious injuries have been in?icted upon the

     complainant corresponding to o6ence punishable under


                                  Page 2 of 5
     R/CR.MA/27664/2025                             ORDER DATED: 05/01/2026




     Section 109(2) of the BNS, yet, it would appear that the

     role attributed to the applicant is of having held the victim

     whereas, the injuries have been in?icted by co-accused.

     ii. The fact of the applicant being in custody since

     01.09.2025 and the charge-sheet having been laid.

     iii. The fact of the incident happening in the heat of the

     moment and whereas, major role attributed to the co-

     accused and not to the applicant.

     iv. The fact of there being no antecedents of being involved

     in any other o6ence against the present applicant.

        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 #t case to exercise the discretion and enlarge the

applicant on regular bail.




                                    Page 3 of 5
     R/CR.MA/27664/2025                       ORDER DATED: 05/01/2026




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. 11199027250526/2025 registered with

Jambusar Police Station, Bharuch, on executing a bond of

Rs.10,000/- (Rupees Ten 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 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 six months

     before the concerned police station.




                              Page 4 of 5
        R/CR.MA/27664/2025                                                        ORDER DATED: 05/01/2026




  9.        The Authorities will release the applicant only if he is not

  required in connection with any other o6ence 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

  in?uenced 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)
  Bhoomi


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 06/01/2026 12:56:39




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