NAJMABEHEN DAUGHTER OF RASULBHAI SAGHVANIversusSTATE OF GUJARAT

     R/CR.MA/5704/2026                               ORDER DATED: 10/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 5704 of 2026

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           NAJMABEHEN DAUGHTER OF RASULBHAI SADHVANI
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1
MR.NIRAJ SHARMA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                             Date : 10/03/2026

                              ORAL ORDER


1.     Heard learned advocate Mr.Ekant Ahuja appearing
on behalf of the applicant and learned Additional Public
Prosecutor Mr.Niraj Sharma appearing on behalf of the
respondent-State.


2.     Rule. Learned APP waives service of rule on behalf
of the respondent-State.


3.     The applicant         has &led          this application        under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11211015250732
of 2025 registered with Dhrangadhra City Police
Station,         District:   Surendranagar           for     the     o0ence
punishable under Sections 103(1), 115(2), 351(2), 351(3),


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      R/CR.MA/5704/2026                    ORDER DATED: 10/03/2026




352, 54 of the BNS Act and under Section 135 of the GP
Act.


4.      Learned advocate for the applicant would submit
that considering the role attributed to the applicant, and
nature of the allegation levelled, the applicant may be
enlarged on regular bail. It is further submitted that
since the charge-sheet is #led no useful purpose would
be served by keeping the applicant in jail for inde&nite
period. It is further contended that the applicant is 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 o0ence
and the role attributed to the present applicant as
coming out from the charge-sheet, this Court may not
exercise the discretion in favour of the applicant and the
application may be dismissed.


6.      I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-

     i. The role attributed to the present applicant is about



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      R/CR.MA/5704/2026                      ORDER DATED: 10/03/2026




     she having given &sts blows and kicks to the original
     complainant and a witness.

     ii. The applicant is a permanent resident of Dholidhar,
     Taluka:Dhrangadhra,       District:Surendranagar              and
     hence, she would be available at the time of trial.

     iii. The applicant has one criminal antecedent, wherein,
     she was acquitted, and the fact that the applicant is in
     custody since 14.10.2025 and the charge-sheet having
     been laid before the concerned Court.

     iv. The co-accused Marjinaben Sadhvani whose role is
     akin to the applicant has been granted bail by the High
     Court vide order passed in Criminal Misc. Application
     No.4635 of 2026.


        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.


7.      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 &t case to exercise the
discretion and enlarge the applicant on regular bail.




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     R/CR.MA/5704/2026                        ORDER DATED: 10/03/2026




8.     Hence, the present application is allowed. The
applicant is ordered to be released on bail in connection
with F.I.R. registered as C.R. No. 11211015250732 of
2025        registered   with      Dhrangadhra       City      Police
Station, District: Surendranagar, on executing a 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;

     [c] surrender passport, if any, to the lower court within
     a week;

     [d] not leave the State of Gujarat without prior
     permission of the Sessions Court concerned;

     [e] furnish the present address of residence to the I.O.
     and the Court at the time of execution of the bond and
     shall not change her residence without prior intimation
     to the I.O. and the Court;

     [f] mark her presence on every Monday before the
     concerned police station for a period of one year.


9.     The Authorities will release the applicant only if he
is not required in connection with any other o0ence for


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        R/CR.MA/5704/2026                                                            ORDER DATED: 10/03/2026




 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.


 10. 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.


 11. At the stage of trial, the competent Court shall not
 be inDuenced by any observations of this Court which are
 of preliminary nature made at this stage, only for the
 purpose of considering the application of the applicant for
 being released on regular bail.


 12. The application is allowed in the aforesaid terms.
 Rule is made absolute to the aforesaid extent. Direct
 service is permitted.




                                                              (UTKARSH THAKORBHAI DESAI, J)
 ANKIT SHAH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT PRADIPKUMAR SHAH(HC01063), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/03/2026 18:46:14




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