SACHHIN KISHOREBHAI GAJJAERversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
Holding
The application for transit bail was partially allowed, with a 14‑day bail period granted.
Summary
The petitioners applied for transit bail to avoid arrest pending a Section 482 application in Delhi, relating to an FIR (C.R. No. 51 of 2026) filed in Jaipur under Sections 79, 351(2) and 318(2) of the Bharatiya Nyaya Sanhita, 2023. The Additional Public Prosecutor waived service of notice. The court considered the peculiar facts, the summons issued under Section 35(6) BNSS, and the need for temporary protection. It partially allowed the application, granting transit bail for 14 days to enable the petitioners to approach the Delhi court. The order was made absolute to that extent.
Issues considered
- Whether transit bail may be granted in the circumstances of the FIR
- Whether the petitioners are entitled to anticipatory bail under Section 482 of the BNSS
- Appropriate duration of transit bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023s. 318(2), s. 351(2), s. 35(6), s. 482, s. 79
Subjects
Judgment
R/CR.MA/5169/2026 ORDER DATED: 03/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TRANSIT BAIL) NO. 5169 of 2026
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SACHHIN KISHOREBHAI GAJJAER & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR SHYAM M SHAH(11348) for the Applicant(s) No. 1,2,3,4
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 03/03/2026
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives
service of notice of rule for respondent-State.
2. The present application is led by the applicant seeking
grant of transit bail for a period of four weeks in connection
with the o"ence registered at C.R.No. 51 of 2026 registered
with Bhankrota, Jaipur(West), Rajsthan for the o"ences
punishable under Sections 79, 351(2), 318(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. Heard learned advocate Mr. Shyam M. Shah appearing
for the applicant. It is submitted by the learned advocate Mr.
Shyam M. Shah for the applicant that the FIR in question is
led for the o"ence punishable under Sections 79, 351(2),
318(2) of the Bharatiya Nyaya Sanhita, 2023. It is submitted
that summons under Section 35(6) of the BNSS, 2023 came to
be issued to the applicant and, therefore, the applicant came
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R/CR.MA/5169/2026 ORDER DATED: 03/03/2026
to know about the registration of the aforesaid FIR. It is
submitted that the applicant is apprehending his arrest in
connection with the aforesaid FIR and, therefore, the
applicant is inclined to le application under Section 482 of
the BNSS competent Court situated at Delhi. However, till the
applicant les the said application under Section 482 of the
BNSS before the concerned Court, this Court may grant
protection to the applicant.
4. In view of the aforesaid submissions canvassed by
learned advocate for the applicant and looking to the peculiar
facts and circumstances of the present case, this application is
partly-allowed. The application for transit anticipatory bail in
connection with C.R.No. 51 of 2026 registered with
Bhankrota, Jaipur(West), Rajsthan is granted for a period of
14 days from today to enable the applicant to approach the
competent Court situated at Delhi.
5. Rule is made absolute to the aforesaid extent.
(UTKARSH THAKORBHAI DESAI, J)
PARMAR CHIRAG
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR CHIRAG KANUBHAI(HC02371), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/03/2026 18:56:45
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