High Court of Gujarat
NIRAJ S/O. RAMESHBHAI MOHANLAL KHATIKversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court granted regular bail to the applicant subject to stringent conditions.
Summary
The applicant, Niraj, was arrested on 25 October 2025 in connection with FIR C.R. No. 11191024251306 alleging that he and his brother inflicted a knife blow on the victim Sanjay, offences punishable under Sections 109(1), 115(2), 54 of the BNS and Section 135 of the Gujarat Police Act. He filed a regular bail application under Section 483 of the BNSS after the chargesheet was filed, claiming he played no vital role and has been in custody for over eight months. The State opposed bail, arguing the seriousness of the allegations and the applicant's conduct. The Court, after hearing both sides, noted that the victim had been discharged, the trial would not be concluded early, but, considering the applicant's past record, imposed stringent conditions and granted bail. The bail was ordered on a personal bond of Rs.10,000 with one surety and a set of detailed conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether regular bail can be granted after the filing of a chargesheet for offences under Sections 109(1), 115(2), 54 of the BNS and Section 135 of the Gujarat Police Act.
- Whether the applicant's alleged role and the seriousness of the offence justify denial of bail.
Subjects
regular bailchargesheetcriminal procedureSection 483Section 109Section 115Section 54Section 135bail conditionsGujarat High Court
Judgment
R/CR.MA/11612/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11612 of 2026
==========================================================
NIRAJ S/O. RAMESHBHAI MOHANLAL KHATIK
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR D A CHAUHAN(6835) for the Applicant(s) No. 1
RAZIN S ZEENA(9377) for the Applicant(s) No. 1
MR NIRAJ SHARMA APP for the Respondent no. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/06/2026
ORAL ORDER
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this application filed under
Section 483 of the BNSS, seeks regular bail in
connection with the FIR being C.R. No.
11191024251306 of 2025 registered with
Ramol Police Station, Dist. Ahmedabad, for the
offences punishable under Sections 109(1), 115(2),
54 of the BNS and Section 135 of GP Act.
3. It is the submission of learned counsel for the
applicant that he is suffering confinement since
25.10.2025. He further submitted that the applicant
has not played any vital role in the alleged offence.
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R/CR.MA/11612/2026 ORDER DATED: 02/06/2026
Hence, further detention of the applicant is
unwarranted.
4. Learned APP has opposed the bail application
contending that, considering the conduct of the
applicant and nature of accusation, the discretion
may not be exercised in favour of the applicant.
5. Having heard the learned counsel for the respective
parties and upon perusal of the material placed on
record, it appears that, the applicant and his brother
have inflicted knife blow on the victim Sanjay.
Admittedly, the injured Sanjay has been discharged
from the hospital. There is no possibility of early
disposal of the trial. In such circumstances, having
regard to the past records, imposing stringent
condition, I deem it fit to grant bail to the applicant
herein. Hence, the bail application is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being C.R.
No. 11191024251306 of 2025 registered with
Ramol Police Station, Dist. Ahmedabad, on
executing a personal bond of Rs.10,000/- (Rupees
Ten thousands only), with one surety of the like
amount to the satisfaction of the learned Trial Court
and subject to the conditions that he shall:
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R/CR.MA/11612/2026 ORDER DATED: 02/06/2026
No. Conditions
(a) not take undue advantage of liberty or
misuse liberty;
(b) not act in a manner injuries to the interest of
the prosecution;
(c) surrender passport, if any, to the lower court
within a week;
(d) not leave India without prior permission of
the Sessions Judge concerned;
(e) furnish latest address of residence to the
Investigating Officer and also to the Court at
the time of execution of the bond and shall
not change the residence without prior
permission of the trial Court;
(f) shall not enter into Ahmedabad City and
District for a period of 1 year except for
attending the court proceedings and to mark
presence before the concerned police
station, if any.
7. The authorities shall release the applicant if he is not
required in connection with the any other offence. If
breach of any above condition is committed, the
Sessions Judge concerned shall take appropriate
action or issue warrant against the applicant. The bail
bond to be executed before the learned trial Court
having jurisdiction to try the case. It will be open for
the sessions judge concerned to delete, modify and/or
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R/CR.MA/11612/2026 ORDER DATED: 02/06/2026
relax any of the above conditions, in accordance with
law. Nothing stated hereinabove, shall tantamount to
the expression of any opinion on the merits of this
case. Rule is made absolute to the aforesaid extent.
Direct service permitted.
(ILESH J. VORA,J)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 02/06/2026 12:13:30
Page 4 of 4
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