R/CR.MA/4951/2026 ORDER DATED: 18/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 4951 of 2026 ========================================================== AMITBHAI RAJESHBHAI LAVJIBHAI DABHI Versus STATE OF GUJARAT ========================================================== Appearance: MR. PANKAJ K. DHUSA(19370) for the Applicant(s) No. 1 MR. VISHALKUMAR. R. TOMAR(14520) for the Applicant(s) No. 1 MR HARDIK SONI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 18/03/2026 ORAL ORDER 1. Heard learned advocate Mr.Vishalkumar Tomar appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Hardik Soni 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 R/CR.MA/4951/2026 ORDER DATED: 18/03/2026 the applicant on Regular Bail in connection with FIR being C.R. No.11203012210020 of 2021 registered with Chorvad Police Station, District: Junagadh for the offence punishable under Sections 302, 34, 201 of the IPC. 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 filed no useful purpose would be served by keeping the applicant in jail for indefinite 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 offence 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. Page 2 of 6 R/CR.MA/4951/2026 ORDER DATED: 18/03/2026 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. While the present applicant has been arrested allegedly committing an offence punishable under Section 302 of IPC and whereas, while the applicant has 08 antecedents, of which, 07 are under the Prohibition Act, yet this Court is the opinion that the present applicant is required to be enlarged only on the ground of delay in concluding the trial. ii. It would appear in this regard that while the applicant is in custody since 23.01.2021, as per the report submitted by the learned Additional Sessions Judge, Keshod where the trial is pending, the charge had been framed on 03.09.2024 and as of now, out of total 45 witnesses only 02 witnesses have been examined. iii. Thus, it would appear that the trial would take substantially long period of time to conclude iv. Having regard to the same, this Court is inclined to allow the application, albeit with appropriate safeguards. 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 R/CR.MA/4951/2026 ORDER DATED: 18/03/2026 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 fit case to exercise the discretion and enlarge the applicant on regular bail. 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.11203012210020 of 2021 registered with Chorvad Police Station, District: Junagadh, on executing a bond of Rs.10,000/- (Rupees Ten 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 R/CR.MA/4951/2026 ORDER DATED: 18/03/2026 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 week in the concerned police station till the conclusion of the trial. 9. 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. 10. 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. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of R/CR.MA/4951/2026 ORDER DATED: 18/03/2026 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. (NIKHIL S. KARIEL,J) NAIR SMITA V./26-DB Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/03/2026 12:34:47