R/CR.MA/21593/2026(GJHC240700712026) ORDER DATED: 24/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21593 of 2026 ========================================================== JAGDISH @ KAPIL S/O. VINUBHAI KALAJI THAKOR Versus STATE OF GUJARAT ========================================================== Appearance: MR SA PIRZADA FOR MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1 MR SM KAJI(3387) for the Applicant(s) No. 1 MS JYOTI BHATT, APP for the Respondent(s) No. 1 TARIK M MANDLI(9482) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/09/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11191048260256 of 2026 registered with Sarkhej Police Station, Ahmedabad, for the offences under Sections 103(1), 238(2) 61, 326(f), 324(5) of the BNS. [3.0] Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Page 1 of 6 R/CR.MA/21593/2026(GJHC240700712026) ORDER DATED: 24/09/2026 [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that the applicant is very much involved in the present offence and considering the gravity of offence, no case is made out to entertain present bail application. Therefore, present application does not deserve consideration. [5.0] 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 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. [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: R/CR.MA/21593/2026(GJHC240700712026) ORDER DATED: 24/09/2026 (1) Investigation is over and charge-sheet is filed; (2) Applicant is behind the bar since 14.04.2026; (3) There is nothing to be recovered or discovered from the applicant; (4) The allegations against the present applicant are that Accused No.1, having a grudge against the deceased, called the present applicant and the other co-accused to Dholka Circle, where the deceased was present with his auto- rickshaw. It is alleged that Accused No.1 gave money to Accused No.3 and instructed him to take the deceased towards Kamod under the pretext of hiring his rickshaw, while Accused Nos.1 and 2 followed them. Thereafter, the deceased was taken to a deserted spot in the Sabarmati riverbed near Juna Vanzar, where Accused No.1 allegedly assaulted and stabbed the deceased with a knife, resulting in his death. It is further alleged that, after the incident, the present applicant and the other co-accused were called to the spot and, pursuant to the pre-planned conspiracy, they procured wood and diesel and placed the dead body on the wood, poured diesel over it and set it on fire with an intention to destroy the evidence. It is further alleged that all the accused thereafter took the deceased's auto- rickshaw and mobile phone, threw away the mobile phone and subsequently obtained petrol and set the auto- rickshaw on fire, thereby causing damage of approximately Rs.1,50,000/-. Thus, the allegation against the present applicant is that he actively participated in the commission of the offence and in causing disappearance and destruction of the evidence. As it is, even if the evidence R/CR.MA/21593/2026(GJHC240700712026) ORDER DATED: 24/09/2026 collected during the course of investigation against the present applicant is accepted, the specific role attributed to him is limited to causing disappearance of the evidence. Except for these two specific roles, there is no further overt act attributed to the present applicant either in the commission of the murder or in inflicting any injury upon the deceased. (5) No past antecedent;. (6) Prosecution has failed to point out the circumstances to continue or prolong his incarceration; (7) Obviously commencement and conclusion of trial will take its own time. [7.0] 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, present application deserves consideration. [8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this R/CR.MA/21593/2026(GJHC240700712026) ORDER DATED: 24/09/2026 Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11191048260256 of 2026 registered with Sarkhej Police Station, Ahmedabad, on executing a personal 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/she 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; (g) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the R/CR.MA/21593/2026(GJHC240700712026) ORDER DATED: 24/09/2026 applicant. [9.0] 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 Judge concerned will be free to issue warrant or take appropriate action in the matter. [10.0] 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. [11.0] 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 applicant on bail. [12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 24/09/2026 17:26:11