R/CR.MA/3139/2026 ORDER DATED: 09/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 3139 of 2026 ======================================================== INDRAJITSINH NITESHSINH JADEJA & ORS. Versus STATE OF GUJARAT ======================================================== Appearance: MR Y J PATEL(3985) for the Applicant(s) No. 1,2,3 MS DIVYANGNA JHALA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ======================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 09/02/2026 ORAL ORDER 1. At the outset, learned Advocate Mr. Y.J. Patel on behalf of the applicant seeks permission with withdraw the present application qua applicants no. 1 and 3 with liberty to approach this Court after a period of three months. Permission as prayed for is granted. The application stands disposed of as withdrawn with above liberty qua the said applicants. 2. So far as applicant no. 2 is concerned, this Court has heard learned Advocate Mr. Y.J. Patel on behalf of the applicant and learned Additional Public Prosecutor Ms. Divyangna Jhala for the respondent-State. 3. Rule. Learned APP waives service of rule on behalf of the respondent-State. 4. The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik p. 2 R/CR.MA/3139/2026 ORDER DATED: 09/02/2026 Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11202026250868 of 2025 registered with Jam Jodhpur Police Station, Jamnagar for offences punishable under Sections 311, 115(2), 118(1), 118(2), 117(2), 125, 54, 351(3), 352 of the Bhatriya Nyay Sanhita, 2023 and Section 135 of the Gujarat Police Act after filing of the charge-sheet more particularly the application preferred by the applicant having been rejected by the learned Trial Court. 5. 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. 6. 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, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 7. This Court has heard learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- (i) The allegation is of having been present at the site in question with an iron pipe yet it would not appear that there is any allegation p. 3 R/CR.MA/3139/2026 ORDER DATED: 09/02/2026 that the applicant has inflicted any specific injury. Even the affidavit of the Investigating Officer while it reveals that the applicant may have been present at the spot with an iron pipe, yet while other accused have been attributed with causing injuries with various weapons including iron pipes there is no specific attribution against the present applicant. (ii) The fact of there is no antecedent against the present applicant. (iii) The fact of the applicant being in custody since 12.12.2025 and the charge-sheet having been filed by the Investigating Officer. 8. 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. 9. 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. 10. Hence, the present application is partly allowed. The applicant no. 2 is ordered to be released on bail in connection with FIR being C.R. No. 11202026250868 of 2025 registered with Jam Jodhpur Police Station, Jamnagar on executing a bond of Rs.25,000/- (Rupees Twenty Five p. 4 R/CR.MA/3139/2026 ORDER DATED: 09/02/2026 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 of the Sessions Court concerned; [e] Mark his presence at the concerned Police Station once in a week for a period of three months and thereafter for a period of one month for a period of six months. [f] 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 residential address without prior permission of the Sessions Court; 11. 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 take appropriate action in the matter. 12. 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. Page 4 of 5 R/CR.MA/3139/2026 ORDER DATED: 09/02/2026 13. 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 for being released on regular bail. 14. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) NIRU