IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 3511 of 2026 ========================================================== KABIRSING @ CHHOTAS KABIR JOGINDERSING BHOND (SIKLIGHAR) Versus STATE OF GUJARAT ========================================================== Appearance: MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1 MR JAY MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 12/02/2026 ORAL ORDER 1. Heard learned Advocate Mr.H.B. Champavat 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 filed 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. 11196002250151 of 2025 registered with Bapod Police Station, Vadodara City, for the offence punishable under Sections 3(1), 3(2), 3(4), 3(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015. 4. Learned advocate for the applicant would submit that considering p. 1 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. 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. Allegation against the applicant of being involved in part of an organized crime and whereas the FIR being filed under the Gujarat Control of Terrorism and Organized Crime Act. ii. As far as the allegation against the applicant is concerned, it is alleged that he is involved in commission of 18 offences of which 16 p. 2 offences have been considered for the purpose of FIR in question and 02 offences are registered after the FIR in question had been registered. iii. It is pointed out that of the said 16 FIRs/offences, the applicant has been acquitted in 08 offences, and whereas it would also appear that out of the remaining 08 offences, the applicant is a sole accused in three offences and whereas in the remaining offences, the applicant is stated to have committed the same along with co-accused and the applicant having been released on bail in all offences. iv. The cases of co-accused having been considered by a learned Co- ordinate Bench vide order dated 02.09.2025 in Criminal Misc. Application No.17595 of 2025 as well as by this Court vide order dated 11.02.2026 in Criminal Misc. Application No.21839 of 2025 and the case of co-accused having similar antecedents having been considered by the learned Sessions Court. v. Considering such a position, more particularly having regard to the fact that the applicant has been released on regular bail in all the substantive offences and also taking into consideration the fact that the applicant is in custody since 18.05.2025 and the charge-sheet having been laid, this Court is inclined to consider this application, yet, with p. 3 appropriate safeguards as requested by learned APP. 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. 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 FIR being C.R. No. 11196002250151 of 2025 registered with Bapod Police Station, Vadodara City, 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; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the p. 4 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] not enter Vadodara District, Bharuch District and Surat District till completion of the trial in the present offence, except for the purpose of attending the trial. [g] mark presence once every fortnight till the trial is commenced before the Chiloda Police Station, District Gandhinagar. 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 considering the application of the applicant p. 5 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) BDSONGARA p. 6 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 13/02/2026 10:54:11