High Court of Gujarat
SAHEJAD FAROOQ JUJARAversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, on a prima facie basis, regular bail could be granted despite the charge‑sheet.
Summary
The petitioners, who were present inside a police station during a mob gherao, were charged under numerous provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Prevention of Damage to Public Properties Act after a charge‑sheet was filed. They applied for regular bail under Section 483 of the BNS, arguing lack of antecedents and that continued detention would serve no useful purpose. The State opposed, contending the seriousness of the offences and the role of the petitioners. The High Court, referring to the Supreme Court’s decision in Sanjay Chandra v. CBI, held that the case was suitable for exercising discretion in favour of bail on a prima facie basis. Consequently, the Court granted regular bail with a bond of Rs.25,000 each and imposed several conditions, including monthly reporting and restrictions on movement.
Issues considered
- The appropriateness of granting regular bail after the filing of a charge‑sheet for offences under the Bharatiya Nagarik Suraksha Sanhita and the Prevention of Damage to Public Properties Act.
- Whether the petitioners' alleged role and the seriousness of the charges preclude the exercise of judicial discretion in favour of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 121(1), 125(a), 132, 189(2), 189(3), 189(5), 191(2), 192, 195, 324(3), 326(g), 329(4), 3(5), 352, 3(6), 55
- Prevention of Damage to Public Properties Act — s. 3, 4
Subjects
- regular bail
- charge sheet
- Bharatiya Nagarik Suraksha Sanhita
- Prevention of Damage to Public Properties Act
- mob gherao
- Gujarat High Court
- criminal procedure
Judgment
R/CR.MA/3730/2026 ORDER DATED: 11/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 3730 of 2026
With
R/CRIMINAL MISC.APPLICATION NO. 3752 of 2026
==========================================================
SAHEJAD FAROOQ JUJARA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/02/2026
ORAL ORDER
1. Heard learned advocate Mr.Altaf Charkha appearing on
behalf of the applicants and learned Additional Public
Prosecutor Mr.Trupesh Kathiriya appearing on behalf of the
respondent-State.
2. Rule. Learned APP waives service of rule on behalf of
the respondent-State.
3. The applicants have %led these applications 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. 11207002250559/2025 registered with
Godhara B-Division Police Station, Panchmahal for the o6ence
punishable under Sections 189(2), 189(3), 189(5), 191(2), 192,
195, 326(g), 125(a), 121(1), 329(4), 132, 324(3), 55, 3(5), 3(6),
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R/CR.MA/3730/2026 ORDER DATED: 11/02/2026
352 of the BNS and Sections 3 and 4 of the Prevention of
Damage to Public Properties Act.
4. Learned advocate for the applicants would submit that
considering the role attributed to the applicants, and nature
of the allegation levelled, the applicants 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 applicants in jail for inde%nite period. It is further
contended that the applicants are 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 applicants as coming out from
the charge-sheet, this Court may not exercise the discretion in
favour of the applicants 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:-
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R/CR.MA/3730/2026 ORDER DATED: 11/02/2026
i. There is no particular role attributed to the present
applicants except the presence of the applicant inside the
police station, when the mob had gheraoed the police
station.
ii. The fact of the applicants not having any antecedents, in
custody since September – October, 2025 and the charge-
sheet having been %led.
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
applicants on regular bail.
8. 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. 11207002250559/2025 registered with
Godhara B-Division Police Station, Panchmahal, on executing
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R/CR.MA/3730/2026 ORDER DATED: 11/02/2026
a bond of Rs.25,000/- (Rupees Twenty Five Thousand only)
each with one surety of the like amount each 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;
[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 proposed 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] applicant of Cr.M.A. 3730/2026 to mark presence once a
month for a period of six months before Bharuch Rural
Police Station, Bharuch and applicant of Cr.M.A.
3752/2026 to mark presence once a month for a period of
six months before Devgadh Baria Police Station, Dahod;
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R/CR.MA/3730/2026 ORDER DATED: 11/02/2026
[g] not to enter District: Panchmahal for a period of six
months.
9. The Authorities will release the applicants only if they
are 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
inDuenced by any observations of this Court which are of
preliminary nature made at this stage, only for the purpose of
considering the applications of the applicants for being
released on regular bail.
12. The applications are 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 12/02/2026 11:41:14
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