BALVINDARSINH @ BALINDARSINH SURJITSINH SINGLIKARversusSTATE OF GUJARAT

      R/CR.MA/5392/2026                        ORDER DATED: 05/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 5392 of 2026

==========================================================
 BALVINDARSINGH @ BALINDARSINH SURJITSINH SINGLIKAR & ANR.
                          Versus
                    STATE OF GUJARAT
==========================================================
Appearance:
MR ALTAFHUSEN I DUDHWALA(12126) for the Applicant(s) No. 1,2
MR JK SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 05/03/2026

                             ORAL ORDER



1.      Learned advocate Mr. Altafhusen Dudhwala does not
press this application and seeks permission to withdraw this
application qua applicant No.2 i.e. Pradipsingh Jogindarsingh
Singlikar with a liberty to approach this Court after a period
of three months.



2.      Permission prayed for is granted. Application stands
disposed of as withdrawn qua applicant No.2         i.e. Pradipsingh
Jogindarsingh Singlikar.




                               Page 1 of 6
     R/CR.MA/5392/2026                                ORDER DATED: 05/03/2026




3.     Heard         learned   advocate         Mr.Altafhusen       Dudhwala
appearing on behalf of the applicant and learned Additional
Public Prosecutor Mr.J.K.Shah appearing on behalf of the
respondent-State.



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



5.     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. 11824001252118 of 2025 registered with Vyara Police
Station, District:Tapi for the offence punishable under Sections
331(3), 331(4), 305(a) and 111(2) of the BNS Act.



6.     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



                                  Page 2 of 6
      R/CR.MA/5392/2026                               ORDER DATED: 05/03/2026




conditions that may be imposed by this Court if released on
bail.



7.        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.



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

     i. Allegation is of committing offence of theft etc., and
     whereas it would appear that the applicant prima faice may
     be    involved,      more   particularly,    since   there    has     been
     recovery from the applicant of the stolen article yet,
     considering the applicant is in custody since 27.10.2025 and
     also considering that the maximum punishment that could
     be imposed, though the applicant has antecedents and that
     the co-accused having seven antecedents being considered
     by this Court vide order dated 26.02.2026                    in Criminal

                                    Page 3 of 6
      R/CR.MA/5392/2026                                 ORDER DATED: 05/03/2026




     Misc. Application No.4616 of 2026, this Court is inclined to
     grant bail.

        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 allowed. The applicant
is ordered to be released on bail in connection with F.I.R.
registered as C.R. No. 11824001252118 of 2025 registered with
Vyara Police Station, District:Tapi, on executing a bond of
Rs.25,000/- (Rupees Twenty Five 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;



                                        Page 4 of 6
      R/CR.MA/5392/2026                      ORDER DATED: 05/03/2026




   [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 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 in a month for a period of six
   months before the concerned police station.



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 Court 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


                              Page 5 of 6
      R/CR.MA/5392/2026                                                         ORDER DATED: 05/03/2026




conditions in accordance with law.



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)
NAIR SMITA V./31-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 06/03/2026 12:07:21




                                                   Page 6 of 6