IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY BAIL - AFTER CHARGESHEET) NO. 6187 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE M. R. MENGDEY ==========================================================

Approved for Reporting Yes No ✔

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HITESHBHAI CHEHARBHAI KHANT Versus STATE OF GUJARAT ==========================================================

Appearance:

CHIRAG A PRAJAPATI(8468) for the Applicant(s) No. 1 MS JYOTI BHATT, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 20/03/2026

JUDGMENT

1. 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.11188006240525 of 2024 registered with Malpur Police Station, Aravalli for the offences punishable under Section

103(1) of the Bharatiya Nyaya Sanhita, 2023.

2. Heard learned advocate appearing for the applicant. He submitted that the applicant has been arrested in connection with the present offence on 12.10.2024 and since then, he is in custody. After the withdrawal of the earlier application on 22.07.2025, the trial has progressed and material witnesses have already been examined before the learned Trial Court. However, upon analysis of the depositions of the witnesses examined sofar, nothing incriminating against the applicant has come forth and most of the witnesses have not supported the case of prosecution. He therefore submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions.

3. Learned APP has opposed the present application contending that the deceased happened to be the wife of the applicant and the applicant had strangulated her, because of which, she has died. He therefore submitted to dismiss the present application.

4. Heard learned advocates for the parties. The applicant had earlier preferred Criminal Misc. Application No.12929 of 2025, which was allowed to be withdrawn by this Court vide order dated 22.07.2025, since this Court was not inclined to exercise discretion in favour of the applicant. Thereafter, the present successive application has been filed by the applicant. It is submitted on behalf of the applicant that after the withdrawal of the earlier application, several witnesses have been examined before a learned Trial Court and those witnesses have either turned hostile or nothing incriminating has come forth from their deposition. The trial of the offence is still pending before the learned Trial Court and therefore, it would be for the Trial Court disposal of the trial. It would not be proper for this Court, at this Court in view of the decision of the Hon’ble Apex Court in case of X v. State of Rajasthan reported in 2024 INSC 909.

5. So far as the aspect of the merits is concerned, the applicant happens to be the husband of the deceased. The applicant suspected her to be having an illicit relationship and because of the same, the applicant had killed her by strangulation. Upon perusal of the materials available on record it appears that the investigating agency has procured the location of the mobile phone of the applicant at the time of incident, which indicates his presence at the scene of offence. Moreover, there are witnesses who had seen the deceased being taken away by the applicant on a motorcycle prior to the incident. Thus, there is a strong prima-facie case against the present applicant for commission of the offence in question.

6. Having regard to these aspects, no case is made out to exercise the discretion in favour of the applicant. Hence, the application is dismissed.

(M. R. MENGDEY,J)

AHS