R/CR.MA/23098/2025 ORDER DATED: 13/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 23098 of 2025 ========================================================== SIRAJ S/O NURUL JAMIR MIYA SHAH Versus STATE OF GUJARAT ========================================================== Appearance: MR HARDIK H DAVE(6295) for the Applicant(s) No. 1 MR L B DHABI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 13/11/2025 ORAL ORDER 1. Heard learned advocate Mr. Hardik H. Dave appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dhabi 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 filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the R/CR.MA/23098/2025 ORDER DATED: 13/11/2025 applicant on Regular Bail in connection with FIR being C.R. No. 11200051250800/2025 registered with Dungra Police Station, Valsad for the offence punishable under Sections 331(4), 305(a) and 54 of B.N.S. Act. 4. Learned advocate Mr. Dave for the applicant would submit that the applicant, has been arraigned as an accused, more particularly considering that the allegation of the State being that a prosecution being that Investigating Officer being that the applicant was having a motorcycle which, was used in the course of the offence. Learned advocate would submit that considering the age of the applicant and considering the applicant had no antecedent, this Court may consider to release the present applicant on regular bail. 5. As against the same, learned Additional Public Prosecutor Mr. Dhabi appearing for the respondent – State has vehemently opposed this application submitting that the role of the present applicant had been revealed in a CCTV footage at the place of the offence. Submitting as such, learned APP would request this Court not to release the present applicant on regular bail. Page 2 of 6 R/CR.MA/23098/2025 ORDER DATED: 13/11/2025 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 that the charge-sheet is filed and whereas, the applicant is stated to be in custody since 04.05.2025; ii. the fact of there being no recovery from the present applicant except a motorcycle which, was used in the course of the offence iii. the fact of there being no antecedent; iv. the fact of the applicant aged 22 years; v. the fact of the co-accused having similar role and having been released; This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central R/CR.MA/23098/2025 ORDER DATED: 13/11/2025 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 fit 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. 11200051250800 of 2025 with Dungra Police Station, District:- Valsad, on executing a bond of Rs.10,000/- (Rupees Ten Thousands 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; R/CR.MA/23098/2025 ORDER DATED: 13/11/2025 [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] furnish the proposed 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] to mark presence one a month for a periof of six months; 10. The Authorities will release the applicant only if he is 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 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 influenced by any observations of this Court which are of preliminary nature R/CR.MA/23098/2025 ORDER DATED: 13/11/2025 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) PD Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 14/11/2025 10:25:00