IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 651 of 2026 With R/CRIMINAL MISC.APPLICATION NO. 4354 of 2026 ==========================================================

GORAV @ RAGHU RAJESHBHAI CHOTALIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR VIRAT G POPAT(3710) for the Applicant(s) No. 1 MR ZUBIN BHARDA with MR KISHAN DAIYA for the Applicant No.1 MR LB DABHI PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 20/02/2026 COMMON ORAL ORDER

1. Heard learned advocate Mr.Virat Popat, learned advocate Mr.Zubin Bharda with learned advocate Mr.Kishan Daiya appearing on behalf of the applicants, 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 applicants have filed these applications under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No.11822006250670 of 2025 registered with Bilimora Police Station, Navsari for the offence punishable under Sections 115(2), 117(2), 118(1)(2), 351(2)(3), 352, 54 of B.N.S. Act, under Section 135 of G.P.Act, and under Sections

3(1)(2), 3(2), 3(4) of the GUJCTOC Act, 2015.

4. Learned advocates for the applicants would submit that considering the role attributed to the applicants, and nature of the allegation levelled, the applicants 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 applicants in jail for indefinite period. It is further contended that the applicants are 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 applicants as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicants and the applications may be dismissed.

6. It would appear that originally and FIR being under Sections 115(2), 117(2), 118(1)(2), 351(2)(3), 352, 54 of B.N.S. Act, had been registered with Bilimora Police Station, District: Navsari and whereas a report for addition of offences punishable under GUJCTOC Act came to be filed by the investigating officer, an officer of the rank of Police Inspector and whereas the same having been accepted, and the present applicants, being considered to be members of the Organized Crime Syndicate and having been arrested in connection with the addition, the applicants have approached this Court, more particularly their applications for regular bail having been rejected by the learned Sessions Court.

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

i. While the report of addition of offence punishable under GUJCTOC Act, 2015 is inter alia names as an Organized Crime Syndicate by the name of one Tisri Gali Gang’ yet, the entire report is silent as regards the organized criminal activity of the syndicate in question.

ii. Prima facie, it would appear to this Court that for alleging an offence under the GUJCTOC, more particularly, when investigating officer is alleging that there is an organized crime syndicate, which is indulging in criminal activity, then, an allegation, which should be co-relatable with FIRs, as regards the criminal activity which is the principle activity of the syndicate has to be mentioned, in the report/FIR and whereas mere recounting of offences in FIR filed against the members of the allied syndicate may not