R/CR.A/1302/2026(GJHC240400312026) ORDER DATED: 02/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL) NO. 1302 of 2026 ========================================================== ANVARBHAI @ANTHONY S/O AJITBHAI @AJITBHAI SODHA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR DEEP D VYAS(3869) for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 2 MR JAY H PATEL(11511) for the Opponent(s)/Respondent(s) No. 2 MS VRUNDA SHAH, APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/09/2026 ORDER 1. ADMIT. Learned APP waives service of notice of Rule on behalf of respondent No.1 – State of Gujarat. 2. Present appeal is filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) challenging the order dated 28.04.2026 passed by the Additional District and Sessions Judge, Devbhoomi Dwarka in Criminal Misc. Application No.90 of 2026 whereby the learned Judge rejected the application filed by the present appellant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking regular bail in connection with FIR being “A” Part C.R. No.11185006260102 of 2026 registered with Okha Marine Police Station, Devbhoomi Dwarka for the offences punishable under Sections 103(1), 109(1), 115(2), 117(2), 118(2) and 54 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”), section 3(2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act and Section 135(1) of the GP Act. 3. Learned advocate appearing on behalf of the appellant submits that appellant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. Chargesheet has been R/CR.A/1302/2026(GJHC240400312026) ORDER DATED: 02/09/2026 filed. Considering the nature of the offence, the appellant may be enlarged on regular bail by imposing suitable conditions. 4. Per contra, learned APP as well as learned advocate appearing for the original Complainant have vehemently opposed the present appeal on the ground that appellant is very much involved in the offence. Hence, they have requested to dismiss the present appeal. 5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application/appeal for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. 6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (i) appellant is in jail since 24.02.2026; (ii) investigation is over and charge-sheet is filed; (iii) nothing is required to be recovered and discovered from the appellant; R/CR.A/1302/2026(GJHC240400312026) ORDER DATED: 02/09/2026 (iv) commencement and conclusion of trial will take its own time; (v) It is alleged that accused No.1 and the present appellant are neighbours. The daughter of the present appellant was found in the bathroom at her home along with her minor daughter. She called the present appellant, and it is alleged that accused No.1 assaulted the deceased and caused a head injury. The cause of death mentioned in the post-mortem report is head injury. (vi) The role attributed to the present appellant is that, while the deceased was in the bathroom, the present appellant assaulted her by giving kick and fist blows. The alleged incident took place on 21.02.2026. During treatment, after six days, the deceased succumbed to the said injury. Considering the facts of the case and the manner in which the offence was committed, stringent conditions are required to be imposed. (vii) The appellant is having two past antecedents, however the accused is governed by presumption of innocence unless and until proved guilty; 6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, presentappeal deserves consideration. 7. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant in the FIR, without discussing the R/CR.A/1302/2026(GJHC240400312026) ORDER DATED: 02/09/2026 evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the appellant on regular bail. Hence, the presentappeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R. No.11185006260102 of 2026 registered with Okha Marine Police Station, Devbhoomi Dwarka, on executing personal bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one surety of the like amount to the satisfaction of the learned 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not leave the State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in every month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) furnish the Aadhaar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court; 8. The authorities will release the appellant 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 Judge concerned will be free to issue warrant or take appropriate action in the matter. 9. 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 R/CR.A/1302/2026(GJHC240400312026) ORDER DATED: 02/09/2026 relax any of the above conditions, in accordance with law. 10. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the appellant on bail. Direct service is permitted. (HASMUKH D. SUTHAR,J) KUMAR ALOK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 02/09/2026 18:15:21