High Court of Gujarat
JAYESHBHAI DALABHAI CHAUHANversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the bail application and ordered the release of the applicant on regular bail.
Summary
The petitioner, Jayeshbhai Dalabhai Chauhan, was arrested in connection with FIR C.R. No. I/170/2013 for alleged offences under IPC Sections 197, 465 and 468. He filed an application for regular bail under Section 483 of the BNSS, claiming he had been in custody since 4 December 2025 and that he did not play a vital role in the alleged crime. The State opposed the bail, arguing that the nature of the accusation and the applicant's conduct warranted continued detention. The Court observed that the trial was underway, several prosecution witnesses had already been examined, and therefore found no compelling reason to keep the applicant detained. Consequently, the Court granted regular bail on a personal bond of Rs.10,000 with a surety of the same amount, subject to standard conditions such as surrendering the passport and not leaving India without permission.
Issues considered
- Whether regular bail can be granted after the filing of a chargesheet when the trial is in progress
- Whether the applicant's alleged lack of a vital role in the offence justifies bail
- Whether the discretion of the court should be exercised in favour of the applicant despite the State's opposition
Legislation cited
- Indian Penal Code, 1860s. 197, s. 465, s. 468
Subjects
regular bailchargesheetIPC Section 197IPC Section 465IPC Section 468trial proceedingspersonal bondcourt discretion
Judgment
R/CR.MA/12504/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
AFTER CHARGESHEET) NO. 12504 of 2026
=========================================
JAYESHBHAI DALABHAI CHAUHAN
Versus
STATE OF GUJARAT
=========================================
Appearance:
MR. HARSHAL S. PATEL(14220) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
=========================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/06/2026
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 483 of
the BNSS, seeks regular bail in connection with the FIR
being C.R. No. I/170/2013 registered with Palanpur
Taluka Police Station, Dist. Banaskantha, for the
offences punishable under Sections 197, 465 and 468 of the
IPC.
3. It is the submission of learned counsel for the applicant that
he is suffering confinement since 04/12/2025. He further
submitted that the applicant has not alleged to have played
any vital role in the alleged offence. 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
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R/CR.MA/12504/2026 ORDER DATED: 04/06/2026
accusation, the discretion may not be exercised in favour of
the applicant.
5. Having heard learned advocate for the respective parties and
upon perusal of the impugned order, it appears that on the
basis of N.B.W, pending the trail proceedings, the applicant
has been arrested. It is reported that the trail has proceeded
and some of the witnesses have already been examined by
the prosecution. In such circumstances, I incline to release
the applicant on bail. 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. I/170/2013
registered with Palanpur Taluka Police Station, Dist.
Banaskantha, 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:
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
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R/CR.MA/12504/2026 ORDER DATED: 04/06/2026
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;
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 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)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/06/2026 11:12:00
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