IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 3730 of 2026 With R/CRIMINAL MISC.APPLICATION NO. 3752 of 2026 ========================================================== SAHEJAD FAROOQ JUJARA Versus STATE OF GUJARAT ========================================================== Appearance: MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1 MR TRUPESH KATHIRIYA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 11/02/2026 ORAL ORDER 1. Heard learned advocate Mr.Altaf Charkha appearing on behalf of the applicants and learned Additional Public Prosecutor Mr.Trupesh Kathiriya 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 %led these applications 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. 11207002250559/2025 registered with Godhara B-Division Police Station, Panchmahal for the o6ence punishable under Sections 189(2), 189(3), 189(5), 191(2), 192, 195, 326(g), 125(a), 121(1), 329(4), 132, 324(3), 55, 3(5), 3(6), p. 2 352 of the BNS and Sections 3 and 4 of the Prevention of Damage to Public Properties 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 submitted that since the charge- sheet is %led no useful purpose would be served by keeping the applicants in jail for inde%nite period. 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 o6ence and the role attributed to the present applicants as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicants 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:- p. 3 i. There is no particular role attributed to the present applicants except the presence of the applicant inside the police station, when the mob had gheraoed the police station. ii. The fact of the applicants not having any antecedents, in custody since September – October, 2025 and the charge- sheet having been %led. 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 %t case to exercise the discretion and enlarge the applicants on regular bail. 8. 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. 11207002250559/2025 registered with Godhara B-Division Police Station, Panchmahal, on executing p. 4 a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety of the like amount each to the satisfaction of the trial Court and subject to the conditions that they 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] furnish the proposed 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] applicant of Cr.M.A. 3730/2026 to mark presence once a month for a period of six months before Bharuch Rural Police Station, Bharuch and applicant of Cr.M.A. 3752/2026 to mark presence once a month for a period of six months before Devgadh Baria Police Station, Dahod; p. 5 [g] not to enter District: Panchmahal for a period of six months. 9. The Authorities will release the applicants only if they are not required in connection with any other o6ence 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 inDuenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the applications of the applicants for being released on regular bail. 12. The applications are allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi