IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 4733 of 2026 ==========================================================

DEBASHISH BANMALI NAHAK Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. KISHAN H DAIYA(6929) 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 : 25/02/2026 ORAL ORDER

1. Heard learned advocate Mr.Kishan Prajapati for learned advocate Mr.Kishan Daiya 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 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. 11214021251299 of 2025 registered with Kosamba Police Station, Surat Rural for the offence punishable under Sections 109(1), 61(2) and 3(5) of the B.N.S Act and under Section 25(1)(b) and 27 of the Arms 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.

6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. While the principal offence is very serious inasmuch as the accused having fired at the victim and whereas, the victim suffering to bullet injuries.

ii. The role attributed to the present applicant is not co-

relatable to the main offence.

iii.The role attributed to the present applicant is of having harboring the accused who had fired at the victim and having kept one of the fire arms in his residence for safety things.

iv. Prima facie, it would appear that the present applicant was not part of the principal conspiracy and whereas he may be liable only for the above acts.

v. The fact of the applicant being in custody since

20.08.2025 and the charge-sheet having been laid.

vi. The applicant being a 22 year old person without any antecedents.

vii. Apprehension of learned APP could be allayed by imposing suitable conditions.

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 asC.R. No. 11214021251299 of 2025 registered with Kosamba Police Station, Surat Rural , on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction