R/CR.MA/25265/2025 ORDER DATED: 09/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 25265 of 2025 ========================================================== ALPESHSINH DINUSINH RATHOD & ORS. Versus STATE OF GUJARAT ========================================================== Appearance: MR NARANBHAI D ASAL(11055) for the Applicant(s) No. 1 MR JAL UNWALLA, SENIOR ADVOCATE with MS TEJAL A VASHI(2704) for the Applicant(s) No. 1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,3,4,5,6,7,8,9 MR NIRUPAM D NANAVATY, SENIOR ADVOCATE with MR.KIRIT R CHAUDHARI(3745) for the Respondent(s) No. 1 MS DIVYANGNA JHALA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 09/02/2026 ORAL ORDER 1. Affidavit on behalf of the original complainant is taken on record. 2. Heard learned senior advocate Mr.Jal Unwalla with Ms. Tejal Vashi and learned advocate Mr. Naranbhai Asal appearing on behalf of the applicants, learned Additional Public Prosecutor Ms. Divyangna Jhala appearing on behalf of the respondent-State and learned senior advocate Mr. Nirupam p. 2 R/CR.MA/25265/2025 ORDER DATED: 09/02/2026 Nanavaty with learned advocate Mr. Kirit chaudhari for respondent No.2 – Complainant. 3. Rule. Learned APP waives service of rule on behalf of the respondent-State. 4. At the outset, learned senior advocate Mr. Jal Unwalla would not press the application in so far as applicant No.14 is considered, requesting that this Court may permit the said applicant to file afresh after a period of three months. 5. Considering the request, the applications stands disposed of qua applicant No.14 with the liberty as sought for being reserved. Rule is discharged qua applicant No.14. 6. The applicant has filed 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.11209041251005 of 2025 registered with Prantij Police Station, District: Sabarkantha for the offence punishable under Sections 109(1), 115(2), 118(1), 118(2), 125(A), 125(B), 189(2), 189(4), 190, 191(2), 191(3), 324(5), 326(F), 351(3), 352 of B.N.S. Act and under section 135 of the Gujarat Police Act. Page 2 of 6 R/CR.MA/25265/2025 ORDER DATED: 09/02/2026 7. 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 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. 8. 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, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 9. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. Considering the fact that while serious role has been attributed to the applicant whose application has been withdrawn by the learned senior advocate Mr. Jal Unwalla and since it appears that as far as rest of the applicants are concerned, they are not attributed with causing any serious injuries, more particularly, allegations against many of the p. 4 R/CR.MA/25265/2025 ORDER DATED: 09/02/2026 applicants being that they were a part of a mob, this Court is inclined to consider this application albeit with appropriate safeguards, more particularly, since it is pointed out by learned APP and learned senior advocate Mr. Nanavaty that even as of now, there is police bandobast in the village to ensure that there is no law and order situation, since the present is a case of two communities clashing with each other over a very trivial issue. 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. 10. 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. 11. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. p. 5 R/CR.MA/25265/2025 ORDER DATED: 09/02/2026 registered as C.R. No.11209041251005 of 2025 registered with Prantij Police Station, District: Sabarkantha , on executing a bond of Rs.25,000/- each (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 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 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 residence without prior intimation to the I.O.; [f] mark presence once a week for a period of three months and thereafter once a fortnight for a period of three months before the concerned police station. 12. The Authorities will release the applicant only if he is not required in connection with any other offence for the time p. 6 R/CR.MA/25265/2025 ORDER DATED: 09/02/2026 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. 13. 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. 14. 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. 15. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) NAIR SMITA V./09-SB-I