High Court of Gujarat
AMRATBHAI VASIBHAI TUKABHAI RABARIversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The court held that, prima facie, the case is fit for regular bail and allowed the application.
Summary
The applicants, Amratbhai Vasibhai Tukabhai Rabari and another, filed a regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release before the filing of a chargesheet in FIR No.11217027260009 relating to multiple offences under the BNS and the Arms Act. The State opposed bail, arguing the seriousness of the offences and the applicants' role. The court noted that the applicants are permanent residents of Gandhinagar, each have a single prior conviction under the Prohibition Act, and the injured party has been discharged. Relying on the Supreme Court’s decision in Sanjay Chandra v. CBI, the court held that, on a prima facie basis, the case is suitable for the exercise of discretion in favour of bail. Consequently, the court granted regular bail with a bond of Rs.25,000 each and imposed several conditions, including surrender of passports and reporting to police.
Issues considered
- The applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting regular bail before a chargesheet is filed.
- Whether the nature of the offences (including sections of the BNS and the Arms Act) and the applicants' prior criminal antecedents preclude the grant of bail.
- Whether the discretion of the court can be exercised to grant bail despite the seriousness of the alleged offences.
Legislation cited
- Arms Acts. 25(1)(b)(a)
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 109(1), s. 115(2), s. 118(2), s. 119(1), s. 189(4), s. 190, s. 191(2), s. 191(3), s. 308(4), s. 351(3), s. 483
Subjects
regular bailpre‑chargesheet bailBharatiya Nagarik Suraksha SanhitaArms Actbail conditionsGujarat High Court
Judgment
R/CR.MA/3861/2026 ORDER DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 3861 of 2026
==========================================================
AMRATBHAI VASIBHAI TUKABHAI RABARI & ANR.
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DAIFRAZ HAVEWALLA(3982) for the Applicant(s) No. 1,2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Daifraz Havewalla appearing on
behalf of the applicants and learned Additional Public Prosecutor
Mr. Soaham Joshi 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.11217027260009 of 2026 registered with Radhanpur Police
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R/CR.MA/3861/2026 ORDER DATED: 12/03/2026
Station, District Patan for the offence punishable under Sections
189(4), 190, 191(2), 191(3), 109(1), 119(1), 308(4), 115(2), 118(2)
and 351(3) of the BNS, 2023 as well as under Section 25(1)(b)(a) of
the Arms Act.
4. Learned advocate for the applicants would submit that,
considering the role attributed to the applicants, and nature of the
allegation levelled, the applicants may be enlarged on regular bail.
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, this Court may not exercise discretion in favour of the
applicants and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the
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R/CR.MA/3861/2026 ORDER DATED: 12/03/2026
respective parties and perused the papers. Following aspects are
considered:-
i. The applicants are a permanent residents of Gandhinagar
district, hence would be available at the time of trial;
ii. Both the applicants have one criminal antecedents each, under
the Prohibition Act;
iii. The injured has been discharged from the hospital;
7. 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.
8. In the facts and circumstances of the case and considering the
nature of the allegations made against the applicant 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 applicant on regular bail.
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R/CR.MA/3861/2026 ORDER DATED: 12/03/2026
9. Hence, the present application is allowed. The applicants are
ordered to be released on bail in connection with F.I.R. registered
as C.R. No.11217027260009 of 2026 registered with Radhanpur
Police Station, District Patan on executing a bail 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 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;
[c] surrender their passport, if any, to the trial court within a
week, and if they do not possess a passport, they shall file an
affidavit to that effect;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;;
[e] furnish the present address of their residence to the I.O. and
to the Court at the time of execution of the bond and shall not
change their residence without prior intimation to the I.O. and
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R/CR.MA/3861/2026 ORDER DATED: 12/03/2026
the court;
[f] mark their presence every Saturday and Monday respectively
for one year before the concerned police station till the trial is
over;
[g] not indulge in similar kind of offence hereinafter, for which,
they shall file an affidavit before the concerned court and the
police station.
10. 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 at liberty to take appropriate action in
accordance with law.
11. Bail bond to be executed before the trial 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.
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R/CR.MA/3861/2026 ORDER DATED: 12/03/2026
12. At the stage of trial, the competent 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
enlarging the applicants on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/03/2026 18:31:17
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