KABIRSING @ CHHOTAS KABIR JOGINDERSING BHOND (SIKLIGHAR)versusSTATE OF GUJARAT

      R/CR.MA/3511/2026                            ORDER DATED: 12/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 3511 of 2026

==========================================================
 KABIRSING @ CHHOTAS KABIR JOGINDERSING BHOND (SIKLIGHAR)
                          Versus
                    STATE OF GUJARAT
==========================================================
Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 12/02/2026
                              ORAL ORDER


1.      Heard learned Advocate Mr.H.B. Champavat appearing on behalf

of the applicant and learned Additional Public Prosecutor Mr. Jay Mehta

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. 11196002250151 of

2025 registered with Bapod Police Station, Vadodara City, for the offence

punishable under Sections 3(1), 3(2), 3(4), 3(5) of the Gujarat Control of

Terrorism and Organized Crime Act, 2015.

4.      Learned advocate for the applicant would submit that considering


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      R/CR.MA/3511/2026                               ORDER DATED: 12/02/2026




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.

6.      I have heard learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered:-

     i. Allegation against the applicant of being involved in part of an

     organized crime and whereas the FIR being filed under the Gujarat

     Control of Terrorism and Organized Crime Act.

     ii. As far as the allegation against the applicant is concerned, it is

     alleged that he is involved in commission of 18 offences of which 16


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 R/CR.MA/3511/2026                                 ORDER DATED: 12/02/2026




offences have been considered for the purpose of FIR in question and

02 offences are registered after the FIR in question had been

registered.

iii. It is pointed out that of the said 16 FIRs/offences, the applicant has

been acquitted in 08 offences, and whereas it would also appear that

out of the remaining 08 offences, the applicant is a sole accused in

three offences and whereas in the remaining offences, the applicant is

stated to have committed the same along with co-accused and the

applicant having been released on bail in all offences.

iv. The cases of co-accused having been considered by a learned Co-

ordinate Bench vide order dated 02.09.2025 in Criminal Misc.

Application No.17595 of 2025 as well as by this Court vide order

dated 11.02.2026 in Criminal Misc. Application No.21839 of 2025

and the case of co-accused having similar antecedents having been

considered by the learned Sessions Court.

v. Considering such a position, more particularly having regard to the

fact that the applicant has been released on regular bail in all the

substantive offences and also taking into consideration the fact that the

applicant is in custody since 18.05.2025 and the charge-sheet having

been laid, this Court is inclined to consider this application, yet, with


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     R/CR.MA/3511/2026                                  ORDER DATED: 12/02/2026




     appropriate safeguards as requested by learned APP.

        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 FIR being C.R. No.

11196002250151 of 2025 registered with Bapod Police Station, Vadodara

City, on executing a bond of Rs.1,00,000/- (Rupees One Lakh 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



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      R/CR.MA/3511/2026                                 ORDER DATED: 12/02/2026




      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] not enter Vadodara District, Bharuch District and Surat District till

      completion of the trial in the present offence, except for the purpose

      of attending the trial.

      [g] mark presence once every fortnight till the trial is commenced

      before the Chiloda Police Station, District Gandhinagar.

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.

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



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           R/CR.MA/3511/2026                                                             ORDER DATED: 12/02/2026




     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)
     BDSONGARA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 13/02/2026 10:54:11




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