High Court of Gujarat
BABUBHAI RATNABHAI VANKAR (DISPOSED OF AS PER HON'BLE COURT'S ORDER DTD. 9-3-26)versusSTATE OF GUJARAT
- Decided
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The court held that, on a prima facie basis, the discretion under Section 483 may be exercised to grant regular bail to applicant No.2.
Summary
The petitioners sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for applicant No.2, who is accused of offences under Sections 108, 85 and 54 of the same Act, relating to alleged harassment and theft. The applicant, a 52‑year‑old woman caring for a mentally retarded son and a teenage daughter, argued she would comply with any conditions. The State opposed bail, citing the seriousness of the allegations. The court, noting the applicant's personal circumstances and relying on the Supreme Court’s decision in Sanjay Chandra v. CBI, held that prima facie the case warranted the exercise of discretion to grant bail. Consequently, the court ordered her release on bail upon execution of a Rs.25,000 bond with specified conditions.
Issues considered
- Whether regular bail can be granted before the filing of a charge‑sheet under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Sections 108, 85 and 54.
- Whether the applicant's personal circumstances and the nature of the allegations justify the exercise of bail discretion.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 108, 483, 54, 85
Subjects
- regular bail
- pre‑charge‑sheet bail
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Sections 108,85,54
- bail discretion
- family circumstances
- Gujarat High Court
Judgment
R/CR.MA/5773/2026 ORDER DATED: 09/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 5773 of 2026
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BABUBHAI RATNABHAI VANKAR & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR YM THAKKAR(902) for the Applicant(s) No. 1,2
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Y.M. Thakkar appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr. Hardik Mehta
appearing on behalf of the respondent-State.
2. Learned advocate Mr. Thakkar would not press this application for
applicant No.1 with liberty to file before the learned Sessions Court after
filing of the charge-sheet. Hence, the present application stands disposed of
qua the applicant No.1.
3. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
4. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant No.2
on Regular Bail in connection with FIR being C.R. No. 11821052251224 of
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R/CR.MA/5773/2026 ORDER DATED: 09/03/2026
2025 registered with Piplod Police Station, Dist. Dahod, for the offence
punishable under Sections 108, 85, and 54 of the BNS.
5. Learned advocate for the applicant No.2 would submit that
considering the role attributed to the applicant No.2, and nature of the
allegation levelled, the applicant may be enlarged on regular bail. It is further
contended that the applicant No.2 is ready and willing to abide by all the
conditions that may be imposed by this Court if released on bail.
6. 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 No.2, this Court may not exercise
the discretion in favour of the applicant No.2 and the application may be
dismissed.
7. I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:-
(i) The allegation in the FIR is that the accused had harassed the
deceased and whereby the deceased had committed the act in
question.
(ii) Prima facie, while it would appear to this Court that the
allegation against the present applicant No.2 being very serious
i.e. the applicant had alleged that the deceased had stolen some
money from the purse of applicant, which was the proximate
cause, yet having regard to the fact that the applicant is stated to
be looking after a mentally retarded son and and a daughter
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R/CR.MA/5773/2026 ORDER DATED: 09/03/2026
aged 17 years and considering that applicant No.2 herself is a
lady accused, aged about 52 years, this Court is inclined to
consider this application.
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.
8. 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 No.2 on regular bail.
9. Hence, the present application is allowed. The applicant No.2 is
ordered to be released on bail in connection with F.I.R. registered as C.R.
No.11821052251224 of 2025 registered with Piplod Police Station, Dist.
Dahod, 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 she 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 present address of residence to the I.O. and also to the
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R/CR.MA/5773/2026 ORDER DATED: 09/03/2026
Court at the time of execution of the bond and shall not change the
residence without prior intimation to the I.O.;
10. The Authorities will release the applicant No.2 only if she 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.
11. 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.
12. 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
No.2 for being released on regular bail.
13. The application is allowed in the aforesaid terms qua applicant No.2.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/03/2026 14:23:24
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