AMITBHAI RAJESHBHAI LAVJIBHAI DABHIversusSTATE OF GUJARAT

      R/CR.MA/4951/2026                                    ORDER DATED: 18/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 4951 of 2026

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                    AMITBHAI RAJESHBHAI LAVJIBHAI DABHI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. PANKAJ K. DHUSA(19370) for the Applicant(s) No. 1
MR. VISHALKUMAR. R. TOMAR(14520) for the Applicant(s) No. 1
MR HARDIK SONI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                    Date : 18/03/2026

                                      ORAL ORDER


1.      Heard             learned    advocate         Mr.Vishalkumar          Tomar
appearing on behalf of the applicant and learned Additional
Public Prosecutor Mr. Hardik Soni 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

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     R/CR.MA/4951/2026                        ORDER DATED: 18/03/2026




the applicant on Regular Bail in connection with FIR being
C.R. No.11203012210020 of 2021 registered with Chorvad
Police Station, District: Junagadh for the offence punishable
under Sections 302, 34, 201 of the IPC.



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 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.




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      R/CR.MA/4951/2026                                   ORDER DATED: 18/03/2026




6.      I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-

     i. While the present applicant has been arrested allegedly
     committing an offence punishable under Section 302 of IPC
     and whereas, while the applicant has 08 antecedents, of
     which, 07 are under the Prohibition Act, yet this Court is
     the opinion that the present applicant is required to be
     enlarged only on the ground of delay in concluding the
     trial.

     ii. It would appear in this regard that while the applicant is
     in custody since 23.01.2021, as per the report submitted by
     the learned Additional Sessions Judge, Keshod where the
     trial is pending, the charge had been framed on 03.09.2024
     and as of now, out of total 45 witnesses only 02 witnesses
     have been examined.

     iii. Thus,     it    would   appear     that   the    trial    would       take
     substantially long period of time to conclude

     iv. Having regard to the same, this Court is inclined to allow
     the application, albeit with appropriate safeguards.

        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

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     R/CR.MA/4951/2026                                 ORDER DATED: 18/03/2026




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 F.I.R.
registered as C.R. No.11203012210020 of 2021 registered with
Chorvad Police Station, District: Junagadh, 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



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      R/CR.MA/4951/2026                          ORDER DATED: 18/03/2026




     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 week in the concerned police
     station till the conclusion of the trial.



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


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       R/CR.MA/4951/2026                                                        ORDER DATED: 18/03/2026




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)
NAIR SMITA V./26-DB




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/03/2026 12:34:47




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