R/CR.MA/3861/2026 ORDER DATED: 12/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 3861 of 2026 ========================================================== AMRATBHAI VASIBHAI TUKABHAI RABARI & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR DAIFRAZ HAVEWALLA(3982) for the Applicant(s) No. 1,2 MR SOAHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 12/03/2026 ORAL ORDER 1. Heard learned advocate Mr. Daifraz Havewalla appearing on behalf of the applicants and learned Additional Public Prosecutor Mr. Soaham Joshi appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicants have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No.11217027260009 of 2026 registered with Radhanpur Police p. 2 R/CR.MA/3861/2026 ORDER DATED: 12/03/2026 Station, District Patan for the offence punishable under Sections 189(4), 190, 191(2), 191(3), 109(1), 119(1), 308(4), 115(2), 118(2) and 351(3) of the BNS, 2023 as well as under Section 25(1)(b)(a) of the Arms Act. 4. Learned advocate for the applicants would submit that, considering the role attributed to the applicants, and nature of the allegation levelled, the applicants may be enlarged on regular bail. It is further contended that, the applicants are 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 applicants, this Court may not exercise discretion in favour of the applicants and the application may be dismissed. 6. I have heard learned advocates appearing on behalf of the p. 3 R/CR.MA/3861/2026 ORDER DATED: 12/03/2026 respective parties and perused the papers. Following aspects are considered:- i. The applicants are a permanent residents of Gandhinagar district, hence would be available at the time of trial; ii. Both the applicants have one criminal antecedents each, under the Prohibition Act; iii. The injured has been discharged from the hospital; 7. 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. 8. 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. Page 3 of 6 R/CR.MA/3861/2026 ORDER DATED: 12/03/2026 9. Hence, the present application is allowed. The applicants are ordered to be released on bail in connection with F.I.R. registered as C.R. No.11217027260009 of 2026 registered with Radhanpur Police Station, District Patan on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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 their passport, if any, to the trial court within a week, and if they do not possess a passport, they shall file an affidavit to that effect; [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;; [e] furnish the present address of their residence to the I.O. and to the Court at the time of execution of the bond and shall not change their residence without prior intimation to the I.O. and p. 5 R/CR.MA/3861/2026 ORDER DATED: 12/03/2026 the court; [f] mark their presence every Saturday and Monday respectively for one year before the concerned police station till the trial is over; [g] not indulge in similar kind of offence hereinafter, for which, they shall file an affidavit before the concerned court and the police station. 10. 10. The Authorities will release the applicants only if they are 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 at liberty to take appropriate action in accordance with law. 11. Bail bond to be executed before the trial 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 5 of 6 R/CR.MA/3861/2026 ORDER DATED: 12/03/2026 12. At the stage of trial, the competent 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 enlarging the applicants on regular bail. 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) KAJAL