R/CR.MA/27664/2025 ORDER DATED: 05/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 27664 of 2025 ========================================================== UDHAM SITARAM KAMODI GAUD (ADIVASI) Versus STATE OF GUJARAT ========================================================== Appearance: MR BIPIN BHATT(1529) for the Applicant(s) No. 1 MR LB DABHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 05/01/2026 ORAL ORDER 1. Heard learned advocate Mr.Bipin Bhatt appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.L.B.Dabhi 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 #led 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. 11199027250526/2025 registered with Jambusar Police Station, Bharuch for the o6ence punishable under Sections 109(2), 118(2), 117(2), 352, 54 of the BNS and Section 135 of the G.P.Act. Page 1 of 5 R/CR.MA/27664/2025 ORDER DATED: 05/01/2026 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 #led no useful purpose would be served by keeping the applicant in jail for inde#nite 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 o6ence 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. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. While serious injuries have been in?icted upon the complainant corresponding to o6ence punishable under p. 2 R/CR.MA/27664/2025 ORDER DATED: 05/01/2026 Section 109(2) of the BNS, yet, it would appear that the role attributed to the applicant is of having held the victim whereas, the injuries have been in?icted by co-accused. ii. The fact of the applicant being in custody since 01.09.2025 and the charge-sheet having been laid. iii. The fact of the incident happening in the heat of the moment and whereas, major role attributed to the co- accused and not to the applicant. iv. The fact of there being no antecedents of being involved in any other o6ence against the present applicant. 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 #t case to exercise the discretion and enlarge the applicant on regular bail. Page 3 of 5 R/CR.MA/27664/2025 ORDER DATED: 05/01/2026 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. 11199027250526/2025 registered with Jambusar Police Station, Bharuch, 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 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 month for a period of six months before the concerned police station. p. 4 R/CR.MA/27664/2025 ORDER DATED: 05/01/2026 9. The Authorities will release the applicant only if he is not required in connection with any other o6ence 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. 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 in?uenced 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) Bhoomi p. 5