DILAWAR @LILVARBHAI NAVLABHAI DAMOR (KATARA)versusSTATE OF GUJARAT

   R/CR.MA/11694/2026                           ORDER DATED: 15/05/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
             CHARGESHEET) NO. 11694 of 2026

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        DILAWAR @LILVARBHAI NAVLABHAI DAMOR (KATARA)
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                         Date : 15/05/2026

                              ORDER


      RULE. Learned APP waives service of notice of rule on
behalf of the respondent-State.


[1] The present application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)
for regular bail in connection with FIR being C.R. No.
11821014260399 of 2026 registered with Dhanpur Police
Station, Dahod, for the offences punishable under Sections
331(6), 305(a) and 54 of the BNS, 2023.


[2] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Substantial part of investigation is
over. It is submitted that the present applicant along with four


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accused persons, broke the lock of the house and entered into
the house of the complainant and stolen Rs.1.50 lakhs. At the
time of running away from the spot, injury was caused to one
witness. The said allegation is against accused No.2. He also
submits that the applicant has no past antecedents and he was
arrested on 28.04.2026.     He submits that substantial part of
investigation for the present applicant is over and even
otherwise, he is not identified during the TI parade. He
therefore submits that, considering the nature of the offence,
the applicant may be enlarged on regular bail by imposing
suitable conditions.


[3] Learned APP appearing on behalf of the respondent-State
has opposed the present application and requested to dismiss
the present application for regular bail on the ground that the
applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to
entertain present bail application. Chargesheet is yet to be filed.
Further, the applicant is released on bail, possibility cannot be
ruled out that the applicant will flee from justice and tamper
with the evidence. Therefore, present application does not
deserve consideration.


[4] While granting bail, the Court has to consider the
involvement of the accused in the alleged offence, the
jurisdiction to grant bail has to be exercised on the basis of the
well settled principles having regard to the facts and


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circumstances of each case and the following factors are to be
taken into consideration while considering an application for
bail: (i) the nature of accusation and the severity of the
punishment and the nature of the materials relied upon by the
prosecution; (ii) reasonable apprehension of tampering with the
witnesses and threat to the complainant or the witnesses; (iii)
reasonable possibility of securing the presence of the accused at
the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the
circumstances which are peculiar to the accused; (v) larger
interest of the public or the State and similar other
considerations are required to be considered.


[5] I have heard the learned advocates appearing on behalf of
the respective parties and perused the investigation papers.
Following aspects have been considered:


      (1)     Substantial part of investigation is over;
      (2)     None of the offence alleged is punishable with life
              sentence or death penalty ;
      (3)     Applicant is behind the bar since 28.04.2026;
      (4)     It is alleged that the present applicant along with
              four accused persons, broke the lock of the house
              and entered into the house of the complainant and
              stolen Rs.1.50 lakhs and at the time of running away
              from the spot, injury was caused to one witness. The
              said allegation is against accused No.2. Remand was


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   R/CR.MA/11694/2026                             ORDER DATED: 15/05/2026




              sought and the remand period is over. Muddamal of
              Rs.25,000/- is recovered. Even otherwise, he is not
              identified during the TI parade. Allegation of causing
              injury is against accused No.2, who is not before this
              Court.
      (5)     No past antecedent.
      (6)     Offence is triable by JMFC Court.
      (7)     Obviously commencement and conclusion of trial will
              take its own time.
      (8)     Though the applicant is having past antecedent, he is
              presumed to be innocent till proven guilty;


[6] This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay Chandra
vs. Central Bureau of Investigation reported in [2012]1
SCC 40 as well as in the case of Gudikanti Narasimhulu
And Ors vs. Public Prosecutor, High Court of Andhra
Pradesh reported in (1978)1 SCC 240. Obviously, the
conclusion of trial will take time and keeping the accused
behind the bars is nothing but amounts to pre-trial conviction
and therefore, considering the celebrated principle of bail
jurisprudence is that “bail is a rule and jail is exception” as well
as the concept of personal liberty guaranteed under Article 21
of the Constitution of India, present application deserves
consideration.


[7] In the facts and circumstances of the case and considering


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the nature of the allegations made against the applicant in the
FIR, 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. Hence, the
present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R. No.
11821014260399 of 2026 registered with Dhanpur Police
Station, Dahod, on executing a personal 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;
  (b)     not act in a manner injurious to the interest of the
          prosecution & shall not obstruct or hamper the police
          investigation and shall not to play mischief with the
          evidence collected or yet to be collected by the police;
  (c)     surrender passport, if any, to the Trial Court within a
          week;
  (d)     not leave the State of Gujarat without prior permission
          of the Trial Court concerned;
  (e)     mark presence before the concerned Police Station
          once in a week till filing of the chargesheet and after
          filing of the chargesheet, mark presence before the
          concerned police station once in a month for a period of
          six months;
  (f)     furnish the Aadhaar card, email ID/present address


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          of his residence to the Investigating Officer and also
          to the Court at the time of execution of the bond and
          shall not change the residence/contact number
          without prior permission of Trial Court;
   (g)    not to indulge in any illegal activity failing which
          learned trial Court shall issue warrant and cancel the
          bail of the applicant.
   (h)    Not to contact or try to contact directly or indirectly the
          complainant/victim/witnesses       connected      with          the
          offence.


[8] 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 Judge concerned will be free to issue warrant or take
appropriate action in the matter.


[9] 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.


[10] At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this
stage made by this Court while enlarging the applicant/s on
bail.




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[11] Rule is made absolute to the aforesaid extent. Direct
service is permitted



                                                           (HASMUKH D. SUTHAR, J.)

DHARMENDRA KUMAR



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 15/05/2026 14:13:41




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