INDRAJITSINH NITESHSINH JADEJAversusSTATE OF GUJARAT

      R/CR.MA/3139/2026                              ORDER DATED: 09/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 3139 of 2026

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                    INDRAJITSINH NITESHSINH JADEJA & ORS.
                                    Versus
                              STATE OF GUJARAT
========================================================
Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1,2,3
MS DIVYANGNA JHALA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 09/02/2026

                                ORAL ORDER


1.      At the outset, learned Advocate Mr. Y.J. Patel on behalf of the
applicant seeks permission with withdraw the present application qua
applicants no. 1 and 3 with liberty to approach this Court after a period of
three months. Permission as prayed for is granted. The application stands
disposed of as withdrawn with above liberty qua the said applicants.


2.      So far as applicant no. 2 is concerned, this Court has heard learned
Advocate Mr. Y.J. Patel on behalf of the applicant and learned Additional
Public Prosecutor Ms. Divyangna Jhala for the respondent-State.


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


4.      The present applicant who has been arraigned as an accused has
preferred this application under Section 483 of the Bharatiya Nagarik


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     R/CR.MA/3139/2026                                  ORDER DATED: 09/02/2026




Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11202026250868 of 2025 registered
with Jam Jodhpur Police Station, Jamnagar for offences punishable
under Sections 311, 115(2), 118(1), 118(2), 117(2), 125, 54, 351(3), 352 of
the Bhatriya Nyay Sanhita, 2023 and Section 135 of the Gujarat Police Act
after filing of the charge-sheet more particularly the application preferred by
the applicant having been rejected by the learned Trial Court.


5.     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.


6.     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, 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 appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-



       (i)      The allegation is of having been present at the site in question
       with an iron pipe yet it would not appear that there is any allegation

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      R/CR.MA/3139/2026                                   ORDER DATED: 09/02/2026




        that the applicant has inflicted any specific injury. Even the affidavit
        of the Investigating Officer while it reveals that the applicant may
        have been present at the spot with an iron pipe, yet while other
        accused have been attributed with causing injuries with various
        weapons including iron pipes there is no specific attribution against
        the present applicant.


        (ii)     The fact of there is no antecedent against the present applicant.



        (iii)    The fact of the applicant being in custody since 12.12.2025 and
        the charge-sheet having been filed by the Investigating Officer.



8.      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.


9.      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.



10.      Hence, the present application is partly allowed. The applicant no. 2
is ordered to be released on bail in connection with FIR being C.R. No.
11202026250868 of 2025 registered with Jam Jodhpur Police Station,
Jamnagar on executing a bond of Rs.25,000/- (Rupees Twenty Five


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      R/CR.MA/3139/2026                                 ORDER DATED: 09/02/2026




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] Mark his presence at the concerned Police Station once in a week
       for a period of three months and thereafter for a period of one month
       for a period of six months.


       [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 permission of the Sessions Court;


11.     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 Judge concerned will be
free to take appropriate action in the matter.


12.      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.


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       R/CR.MA/3139/2026                                                       ORDER DATED: 09/02/2026




13.      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.


14.      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 10/02/2026 11:15:37




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