R/CR.MA/8991/2026 ORDER DATED: 20/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 8991 of 2026 ========================================================== VIJAYBHAI MANHARBHAI PATEL & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR ADIL R MIRZA(2488) 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 : 20/04/2026 ORAL ORDER 1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor 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 them on Regular Bail in connection with FIR being C.R. No.11200011260403 of 2026 R/CR.MA/8991/2026 ORDER DATED: 20/04/2026 registered with Valsad Rural Police Station, District- Valsad, for the offence punishable under Sections 316 (2), 316 (5) and 61 (2) (a) of the BNS, 2023. 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, 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 their favour and the application may be dismissed. Page 2 of 7 R/CR.MA/8991/2026 ORDER DATED: 20/04/2026 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The applicants are permanent residents of Valsad district, hence would be available at the time of trial; ii. As per the prosecution case, applicant no.1 is having one previous antecedent, whereas, applicant no.2 is having three previous antecedents of identical nature. iii.Out of the three cars which were taken on rent by the applicants, one car has been recovered by the investigation officer, whereas, the details about the person to whom the remaining two cars were handed over have been provided by the applicants, and the said fact has been mentioned in the affidavit of the investigation officer, filed before the learned trial Court in Criminal Misc. Application No.174 of 2026. Page 3 of 7 R/CR.MA/8991/2026 ORDER DATED: 20/04/2026 iv.Though the present application is filed before filing of the charge-sheet, upon inquiring from the learned APP, upon instructions, he has stated that, nothing much remains to be investigated so far as the present applicants are concerned. v. No further recovery or discovery is to be effected from the applicants. vi. The apprehension of learned APP as regard the applicants indulging in similar or such offences, if granted bail, can be put to rest by imposing stringent conditions. 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 R/CR.MA/8991/2026 ORDER DATED: 20/04/2026 considering the nature of the allegations made against the applicants 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 applicants on regular bail. 9. Hence, the applicants are ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11200011260403 of 2026 registered with Valsad Rural Police Station, District-Valsad, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety each of the like amount 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 their passports, if any, to the trial court R/CR.MA/8991/2026 ORDER DATED: 20/04/2026 within a week, and if they does not possess a passport, they shall file an affidavit to that effect; [d] not leave the local limits of Valsad district without prior permission of the Trial 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 the court; [f] mark their presence on every alternate day for one month, and thereafter, applicant no.1 shall mark his presence on every Monday before the concerned police station, and applicant no.2 shall mark his presence on every Tuesday, 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. 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 R/CR.MA/8991/2026 ORDER DATED: 20/04/2026 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. 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 applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) R.S. MALEK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2026 10:41:27