R/CR.MA/21753/2025 ORDER DATED: 14/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21753 of 2025 ========================================================== BHAYA @ BHAVESH MALDEBHAI BANDHIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR VIRAT G POPAT(3710) for the Applicant(s) No. 1 MS SHIVANGI D MADHAD(13116) for the Applicant(s) No. 1 MR JAY MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 14/11/2025 ORAL ORDER 1. Heard learned advocate Mr.Virat Popat appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Jay Mehta 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. 11203004250201/2025 registered with C- Division Police Station, Junagadh for the o3ence punishable R/CR.MA/21753/2025 ORDER DATED: 14/11/2025 under Sections 3(1)(i), 3(1)(ii), 3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015. 4. Learned advocate for the applicant would submit that the present applicant has been arraigned in o3ence under the GCTOC Act more particularly alleging his involvement in $ve o3ences. Learned advocate would submit that all the o3ences are under the Prohibition Act and whereas, there is no other independent o3ence. Learned advocate would futher submit that as such, the present applicant is not named in in any other FIR where any other o3ence under the GCTOC Act is alleged to have been committed. Learned advocate would submit that a learned Coordinate Bench of this Court has considered the case of an accused against whom 79 o3ences were registered under the Prohibition Act more particularly the provisions of the GCTOC Act being invoked against the said applicant. 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 R/CR.MA/21753/2025 ORDER DATED: 14/11/2025 has submitted that looking to the nature of o3ence 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. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The fact of the learned Coordinate Bench having considered and released an accused were provisions of GCTOC Act had been invoked more particularly there were 79 o3ences registered under the Prohibition Act against the said applicant. ii. The fact that while the present applicant is said to be involved in $ve di3erent FIRs, the same are over a period of three years. iii. The fact of the applicant being in custody since April, R/CR.MA/21753/2025 ORDER DATED: 14/11/2025 2025. 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 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. 9. 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. 11203004250201/2025 registered with C-Division Police Station, Junagadh, on executing a bond of Rs.1,00,000/- (Rupees One Lakh 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; R/CR.MA/21753/2025 ORDER DATED: 14/11/2025 [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 also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.; [f] mark presence once a month for a period of six months before the concerned police station. 10. The Authorities will release the applicant only if he is not required in connection with any other o3ence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be free to take appropriate action in the matter. 11. Bail bond to be executed before the lower 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. 12. At the stage of trial, the trial court shall not be R/CR.MA/21753/2025 ORDER DATED: 14/11/2025 inFuenced 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. 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 14/11/2025 19:05:40