R/CR.MA/23122/2025 ORDER DATED: 12/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 23122 of 2025 ========================================================== ANIKET ARJANBHAI SURELA Versus STATE OF GUJARAT ========================================================== Appearance: MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1 MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 12/03/2026 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 applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, p. 2 R/CR.MA/23122/2025 ORDER DATED: 12/03/2026 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11208055250236 of 2025 registered with DCB Police Station, Rajkot City for the offence punishable under Sections 316(2), 316(5), 318(3), 61(2) and 238(2) of the BNS, 2023. 4. 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, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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. He has submitted that the complainant has filed an affidavit stating therein that, he has no objection if the applicant is released on bail as the dispute has been settled between the applicant and the complainant. Page 2 of 7 R/CR.MA/23122/2025 ORDER DATED: 12/03/2026 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 discretion in favour of the applicant 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:- i. The applicant is a permanent resident of Rajkot, hence would be available at the time of trial; ii. The applicant does not have any criminal antecedents; iii.The original complainant Yatinbhai Babubhai Chudasama has filed an affidavit-in-reply wherein, he p. 4 R/CR.MA/23122/2025 ORDER DATED: 12/03/2026 has stated that, the dispute between him and the present applicant has been amicably settled. He is present before the court today and has affirmed the said averments. iv. Two co-accused have been granted regular bail by the concerned Sessions Court, and the IO had made recovery of more amount from one of them, than the present applicant. 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 4 of 7 R/CR.MA/23122/2025 ORDER DATED: 12/03/2026 9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11208055250236 of 2025 registered with DCB Police Station, Rajkot City, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five 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 his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect; [d] not leave the local limits of Rajkot district without prior permission of the Trial Court concerned; p. 6 R/CR.MA/23122/2025 ORDER DATED: 12/03/2026 [e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court; [f] mark his presence on every Monday before the concerned police station for six months; [g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station. 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 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 p. 7 R/CR.MA/23122/2025 ORDER DATED: 12/03/2026 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. 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) DIVYA