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High Court of Gujarat

SACHHIN KISHOREBHAI GAJJAERversusSTATE OF GUJARAT

Disposal
44-PARTLY ALLOWED @ FH

Holding

The application for transit bail was partially allowed, with a 14‑day bail period granted.

Summary

The petitioners applied for transit bail to avoid arrest pending a Section 482 application in Delhi, relating to an FIR (C.R. No. 51 of 2026) filed in Jaipur under Sections 79, 351(2) and 318(2) of the Bharatiya Nyaya Sanhita, 2023. The Additional Public Prosecutor waived service of notice. The court considered the peculiar facts, the summons issued under Section 35(6) BNSS, and the need for temporary protection. It partially allowed the application, granting transit bail for 14 days to enable the petitioners to approach the Delhi court. The order was made absolute to that extent.

Issues considered

  • Whether transit bail may be granted in the circumstances of the FIR
  • Whether the petitioners are entitled to anticipatory bail under Section 482 of the BNSS
  • Appropriate duration of transit bail

Legislation cited

Subjects

transit bailanticipatory bailBharatiya Nyaya SanhitaSection 482Section 35(6)Gujarat High Court

Judgment

     R/CR.MA/5169/2026                                  ORDER DATED: 03/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR TRANSIT BAIL) NO. 5169 of 2026

==========================================================
                   SACHHIN KISHOREBHAI GAJJAER & ORS.
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR SHYAM M SHAH(11348) for the Applicant(s) No. 1,2,3,4
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                             Date : 03/03/2026
                              ORAL ORDER


1.     Rule. Learned Additional                Public   Prosecutor        waives
service of notice of rule for respondent-State.

2.     The present application is         led by the applicant seeking
grant of transit bail for a period of four weeks in connection
with the o"ence registered at C.R.No. 51 of 2026 registered
with Bhankrota, Jaipur(West), Rajsthan for the o"ences
punishable under Sections 79, 351(2), 318(2) of the Bharatiya
Nyaya Sanhita, 2023.


3.     Heard learned advocate Mr. Shyam M. Shah appearing
for the applicant. It is submitted by the learned advocate Mr.
Shyam M. Shah for the applicant that the FIR in question is
 led for the o"ence punishable under Sections 79, 351(2),
318(2) of the Bharatiya Nyaya Sanhita, 2023. It is submitted
that summons under Section 35(6) of the BNSS, 2023 came to
be issued to the applicant and, therefore, the applicant came

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        R/CR.MA/5169/2026                                                           ORDER DATED: 03/03/2026




  to know about the registration of the aforesaid FIR. It is
  submitted that the applicant is apprehending his arrest in
  connection              with        the       aforesaid            FIR       and,        therefore,            the
  applicant is inclined to                        le application under Section 482 of
  the BNSS competent Court situated at Delhi. However, till the
  applicant            les the said application under Section 482 of the
  BNSS before the concerned Court, this Court may grant
  protection to the applicant.


  4.        In view of the aforesaid submissions canvassed by
  learned advocate for the applicant and looking to the peculiar
  facts and circumstances of the present case, this application is
  partly-allowed. The application for transit anticipatory bail in
  connection              with         C.R.No.            51      of      2026          registered             with
  Bhankrota, Jaipur(West), Rajsthan is granted for a period of
  14 days from today to enable the applicant to approach the
  competent Court situated at Delhi.

  5.        Rule is made absolute to the aforesaid extent.




                                                              (UTKARSH THAKORBHAI DESAI, J)
  PARMAR CHIRAG




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR CHIRAG KANUBHAI(HC02371), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/03/2026 18:56:45




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