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High Court of Gujarat

AAMAD ILIYASBHAI JEDAversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The court granted regular bail to the applicant under Section 483 CrPC, without expressing any opinion on the merits of the case.

Summary

The applicant had been in judicial custody since 2019 for murder and related offences, with a chargesheet filed against eight accused. He had been detained for over six years and sought regular bail under Section 483 of the Code of Criminal Procedure, invoking the principle of parity with co‑accused who had been granted bail. The State opposed the application, arguing that the trial was ongoing and material witnesses were still being examined. The court examined the record and observed the prolonged pre‑trial detention and the improbability of a speedy trial. Without expressing any opinion on the merits, the court granted regular bail subject to a personal bond, surety and specified conditions.

Issues considered

  • Whether regular bail can be granted after the filing of a chargesheet for serious offences when the accused has been in pre‑trial detention for more than six years
  • Whether the principle of parity with co‑accused who have been granted bail warrants the grant of bail in this case
  • Whether the pending trial and examination of material witnesses preclude the grant of bail

Legislation cited

Subjects

regular bailpre‑trial detentionSection 483 CrPCparity principleserious offencesGujarat High Court

Judgment

      R/CR.MA/3392/2026                            ORDER DATED: 20/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
             AFTER CHARGESHEET) NO. 3392 of 2026

==========================================================
                          AAMAD ILIYASBHAI JEDA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR SHIVRAJSINGH B RATHORE(10291) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 20/02/2026

                                ORAL ORDER

1.       Rule. Learned APP waives service of notice of Rule for and

         on behalf of the respondent – State.


2.       The applicant, by way of this successive application filed

         under Section 483 of the Code of B.N.S.S., seeks regular

         bail in connection with the FIR being C.R. No.I-218 of

         2019 registered with City “B” Division Police Station,

         Dist.     Jamnagar,    for the offences punishable under

         Sections 302, 307, 325, 324, 504, 143, 144, 147, 148,

         149, 506(2) and 323 of the Indian Penal Code Section

         135(1) of G.P. Act.


3.       It is the submission of learned counsel for the applicant

         that the applicant is in judicial custody since 2019 and


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     R/CR.MA/3392/2026                                      ORDER DATED: 20/02/2026




        presently, the U.T.P. custody period is 6 years and more.

        He further submitted that similarly situated accused have

        been granted bail by this court and therefore, on the

        principle of parity, the prayer made by the applicant may

        be considered.


4.      Learned APP has opposed the bail application contending

        that, the matter is pending before the trial court and most

        of    the        material   witnesses       being   examined         by       the

        prosecution and therefore, instead of granting bail, let the

        order for expeditious trial may be passed.


5.      Having heard learned advocates for the respective parties

        and upon perusal of material placed on record, it appears

        that, the chargesheet for the aforesaid offences came to be

        filed against eight accused persons for the alleged murder,

        occurred on 25.12.2019. It is not in dispute that, the

        custody period of the applicant is 6 years and more and till

        date, there are no possibilities of conclusion of trial in near

        future. The co-accused having similar role, is being

        considered by this court. In such circumstances, without

        entering into the merits of the case, I am inclined to

        enlarge the applicant on regular bail.


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R/CR.MA/3392/2026                                 ORDER DATED: 20/02/2026




6. Hence, the bail application is allowed and the applicant is

  ordered to be released on regular bail in connection with

  the FIR being C.R. No.I-218 of 2019 registered with

  City “B” Division Police Station, Dist. Jamnagar, 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
         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;




                             Page 3 of 4
       R/CR.MA/3392/2026                                                              ORDER DATED: 20/02/2026




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 is 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 20/02/2026 17:12:37




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