R/CR.MA/26300/2025 ORDER DATED: 18/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 26300 of 2025 ========================================================== PRASHANTBHAI SURESHBHAI JADAV Versus STATE OF GUJARAT ========================================================== Appearance: MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR NIRAJ SHARMA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 18/02/2026 ORAL ORDER 1. Heard learned advocate Mr.Ashish Dagli appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Niraj Sharma 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, 2023 for enlarging p. 2 R/CR.MA/26300/2025 ORDER DATED: 18/02/2026 the applicant on Regular Bail in connection with FIR being C.R. No.11211050250369 of 2025 registered with Thangadh Police Station, Surendranagar for the offence punishable under Sections 115(1), 352, 351(2) and 54 of the B.N.S. Act and under Section 135 of the GP Act. 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 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. Page 2 of 6 R/CR.MA/26300/2025 ORDER DATED: 18/02/2026 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. Allegation in the FIR is of having caused injuries which has led to the death of the deceased whereas the injuries correspond to the offence under Sections 105, 115(1), 352, 351(2) and 54 of the B.N.S. Act. ii. The allegation being that the present applicant had assaulted the deceased more particularly, since the deceased was not heeding to their request of giving his share of a common wall which had been constructed by the applicant herein. iii. The fact of there being cross complaint which has been filed by the present applicant where it appears that the present complainant side, is stated to be the aggresars and whereas it prima facie appears that the ladies form the household of the present applicant had also sustained injuries. iv. It would also appear that the present is a case of an altercation between two neighbours and therefore, does not appear to be any intend on part of the applicant herein to have caused any such injury, which would be corresponding to an offence punishable under Section 105 of the B.N.S. p. 4 R/CR.MA/26300/2025 ORDER DATED: 18/02/2026 Act, more particularly, which has resulted into the death of the deceased. The applicant being 33 years old person, in custody since 16.05.2025 and charge sheet having been filed and having no antecedents. 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 fit case to exercise the discretion and enlarge the applicant on regular bail. 8. 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.11211050250369 of 2025 registered with Thangadh Police Station, Surendranagar, on executing a 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; p. 5 R/CR.MA/26300/2025 ORDER DATED: 18/02/2026 [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] not to enter into the limits of Thangadh police station for a period of six months except for marking presence; [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 residence without prior intimation to the I.O.; [g] mark presence once in a month for a period of six months before the concerned police station. 9. 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 free to take appropriate action in the matter. Page 5 of 6 R/CR.MA/26300/2025 ORDER DATED: 18/02/2026 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 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. 12. 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./18-SB-1