R/CR.MA/4523/2026 ORDER DATED: 23/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 4523 of 2026 ======================================================== RAJESHBHAI @ RAJU LALABHAI VESTABHAI BHABHOR Versus STATE OF GUJARAT ======================================================== Appearance: MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1 MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ======================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 23/02/2026 ORAL ORDER 1. Heard learned Advocate Mr. Darshan Dave on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The present applicant who has been arraigned as an accused has preferred 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. 11821033250025 of 2025 registered with Limdi Police Station, District: Dahod for offences punishable under Sections 305(d), 331(2), 317(4), 54 of the Bhatriya Nyay Sanhita, 2023 after filing of the charge-sheet more particularly the application preferred by the applicants having been rejected by the learned Trial Court. 4. Learned Advocate for the applicant would submit that considering p. 2 R/CR.MA/4523/2026 ORDER DATED: 23/02/2026 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. This Court has heard learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- (i) The allegation being that the applicant had entered into Temple and had stolen silver ornaments placed on the daite and whereas the total cost of the ornaments stolen appears to be Rs.61500/-. (ii) The fact of a co-accused having exactly similar role, having been considered by the learned Sessions Court, vide an order dated 08.08.2025 in Criminal Misc. Application No.579 of 2025. (iii) The fact of the present applicant being in custody since 29.01.2025 and the charge-sheet having been laid by the Investigating Officer. Page 2 of 4 R/CR.MA/4523/2026 ORDER DATED: 23/02/2026 (iv) While it is mentioned that the applicant has three antecedents and four cases registered after the present FIR, more particularly the applicant having been arrested on transfer warrant in the last four cases, yet, considering, the fact that co-accused has been released, and the limited role attributed to the applicant, this Court is inclined to consider this application. 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 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. 9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR beingC.R. No. 11821033250025 of 2025 registered with Limdi Police Station, District: Dahod 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 of the p. 4 R/CR.MA/4523/2026 ORDER DATED: 23/02/2026 Sessions Court concerned; [e] Mark his presence in the concerned Police Station once in a 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 intimation to the I.O. 10. 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. 11. 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. 12. 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. 13. 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