IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 6665 of 2026 ==========================================================

VISHNUBHAI MELABHAI THAKOR Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR ADITYA JADEJA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 20/03/2026

ORAL ORDER

1. Heard learned advocate Mr.Jigar Patel for learned advocate Mr.Ashish Dagli appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Aditya Jadeja 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. 11192061260124/2026 registered with Viramgam Town Police Station, Ahmedabad for the offence punishable under Sections 109(1), 118(1), 352, 351(2), 54 of the BNS.

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 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, 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. The allegation being as regards offence punishable under Section 109(1) of the BNS etc.

ii. The allegation for offence punishable under Section 109(1) being against the co-accused – Rahul who is alleged to have inflicted knife injuries.

iii.The present applicant not being attributed any particular role except for scuffling with the complainant party more particularly it appears, as per the FIR, that the present applicant has been called by his brother informing that the co-accused having an altercation and whereas, prma facie, it would appear that the applicant had reached there to help his younger brother.

iv. The fact of the applicant being in custody since

05.03.2026 and not having any 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. 11192061260124/2026 registered with Viramgam Town Police Station, Ahmedabad, 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 t