ODHADBHAI @ YOGESHBHAI DALPATBHAI BARAIYAversusSTATE OF GUJARAT

      R/CR.MA/2806/2026                              ORDER DATED: 05/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 2806 of 2026

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              ODHABHAI @YOGESHBHAI DALPATBHAI BARAIYA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR MUNJAL V ACHARYA(10678) for the Applicant(s) No. 1
MR RONAK RAVAL ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 05/02/2026

                              ORAL ORDER


1.      Heard learned Advocate Mr. Munjal Acharya appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr. Ronak Raval
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. 11198047251084 of
2025 registered with Shihor Police Station, District Bhavnagar, for the
offence punishable under Sections 115(2), 118(1), 118(2), 352, 351(3),
109(1), 189(2), 189(4), 191(2), 191(3), 190 and 54 of the Bharatiya Nyaya
Sanhita, 2023 and Section 135 of the Gujarat Police Act.




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      R/CR.MA/2806/2026                                ORDER DATED: 05/02/2026




4.      Learned Advocate for the applicant would submit that the present
applicant is wrongly implicated in the alleged offence. Learned Advocate
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 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 affidavit
of the Investigating Officer, this Court may not exercise the discretion in
favour of the applicant and the application may be dismissed.



6.      Having regard to the fact that the applicants have prayed for grant of
regular bail, learned Advocates appearing on behalf of the respective parties
do not press for further reasoned order.



7.      This Court has heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-

     (i) While the present FIR is for offences punishable under Sections
        115(2), 118(1), 118(2) etc. of the BNS, yet, the role attributed to the
        present applicants is of having assaulted the complainant and his
        family members with an iron pipe and whereas more serious role of
        assaulting the complainant and his family members with a sharp
        edged weapon (Dhariya) being attributed to co-accused Nos. 1, 2 and


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      R/CR.MA/2806/2026                                    ORDER DATED: 05/02/2026




            3.

     (ii) The fact of the injured having been discharged from hospital.

     (iii) The co-accused having similar role had been considered for being
            released on regular bail by this vide order dated 01.12.2025 in
            Criminal Misc. Application No. 25057 of 2025.

     (iv) The fact of the applicants being in custody since 16.10.2025 and the
            charge-sheet having been laid by the Investigating Officer.


            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 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 F.I.R. registered as C.R. No.
11198047251084 of 2025 registered with Shihor Police Station, District
Bhavnagar, 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 they 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/2806/2026                                    ORDER DATED: 05/02/2026




      [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 enter Taluka Shihor for a period of six months
      except for the purpose of marking presence with the concerned
      Police Station.

      [f]         mark presence with the concerned Police Station once a
      month for a period of six months.

      [g]         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.



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 Court 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.



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          R/CR.MA/2806/2026                                                              ORDER DATED: 05/02/2026




   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)
   Y.N. VYAS


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/02/2026 12:21:51




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