NARESHBHAI BHUPATJI THAKORversusSTATE OF GUJARAT

      R/CR.MA/7736/2026                              ORDER DATED: 13/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 7736 of 2026

========================================================
                      NARESHBHAI BHUPATJI THAKOR & ORS.
                                   Versus
                             STATE OF GUJARAT
========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2,3,4
MR TRUPESH KARHIRIYA PUBLIC PROSECUTOR for the Respondent(s) No. 1
========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 13/04/2026

                                ORAL ORDER


1.      Heard learned advocate Mr. Ashish Dagli 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 filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on
Regular Bail in connection with FIR being C.R. No. 11195007250649 of
2025 registered with Bhabhar Police Station, Dist. Banaskantha, for
the offence punishable under Sections 103(1), 115(2), 118(1), 118(2), 109(1),
189(2), 191(2), 191(3) and 190 of the BNS.


4.      Learned Advocate for the applicants would submit that considering

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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 filed no useful purpose would be served by keeping the
applicants in jail for indefinite 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 offence 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 applications may be dismissed.


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

       (i)      The allegation being that the accused had assaulted the
                complainant party resulting in death of two persons. It would
                appear in this regard that the present appears to be a case of
                two different incidents namely; the complainant party
                appearing to be assailant in the first incident where the
                complainant party had gone to shop of the accused party and
                whereas the accused party having retaliated. The second part
                being that when the complainant party upon being assaulted by
                the accused party were going to the hospital for treatment and
                on the way, they were waylaid by the accused party and again
                assaulted.



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  (ii)     It would appear in this regard that while one of the deceased,
           one Laduben, who was present at the site and who appears to
           have died on account of natural causes and whereas other
           deceased namely Jesangji Lalji Thakore had died of head injury.

  (iii)    It would appear that FIR as well as statements refer very
           clearly to the person, who had caused the head injury i.e. one
           Vikrambhai Rameshji Thakor and others. It would appear that
           while the present applicants were present at the site, more
           particularly having come to the site of the incident and whereas
           it appears that while the applicants no. 2 to 4 have not been
           attributed any specific role applicant no. 1 has been attributed
           the role of assaulting the complainant.


  (iv)     Furthermore, it also appears that since the present is a case of
           cross complaint the present applicants being the complainant
           of the said cross complaint, the possibility of the applicants
           having been arraigned as accused, without their presence also
           could not be discounted at this stage.


  (v)      The fact    of the applicant no. 1 being involved in two
           antecedents of the year 2021 for the offence punishable under
           Sections 273 and 279 etc. which are not co-relatable to the
           offence alleged to have been committed as far as the present
           FIR is concerned.


  (vi)     The fact of the applicant no. 2 having once antecedent being
           involved in the offence under section 323 of IPC etc. and


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                whereas considering that no specific role is attributed to him,
                this Court is inclined to consider the application.


        (vi)    The fact of there being no antecedents against the applicant
                no. 4.


        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 applicants 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
applicants on regular bail.

8.      Hence, the present applications are allowed. The applicants are
ordered to be released on bail in connection with F.I.R. registered as C.R.
No.11195007250649 of 2025 registered with Bhabhar Police Station,
Dist. Banaskantha, on executing a bond of Rs.25,000/- (Rupees Twenty
Five Thousand only)        each with one surety of the like amount 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;


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      [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 fortnight for a period of six months before the
      Radhanpur police station.

      (v) not to enter Taluka Vav Tharad for a period of six months



9.        The Authorities will release the applicants only if they are 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 considering the application 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)
NIRU

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2026 11:05:51

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