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NEUTRAL CITATION

R/CR.MA/7117/2026 ORDER DATED: 02/04/2026

0.28018917744321503

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER

CHARGESHEET) NO. 7117 of 2026 ========================================================

DILIPBHAI GIRDHARBHAI TERAYYA SANKLIYA Versus STATE OF GUJARAT

========================================================

Appearance:

MR ASHISH DAGLI WITH MR DARSHIT M KAMDAR(11467) for the Applicant(s)

No. 1 MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 02/04/2026

ORAL ORDER

1. Heard learned Advocate Mr. Ashish Dagli with learned Advocate Mr.Darshit Kamdar on behalf of the applicant and learned Additional

Public Prosecutor Mr. J.K. Shah for the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The present applicant who has been arraigned as an accused has preferred 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. 11203008250157 of 2025 registered with Bilkha Police Station, Junagadh for offences punishable under Sections 103(1), 118(1), 296(b), 189(2), 189(4), 190. 191(2) and 191(3) of the Bhatriya Nyay Sanhita, 2023 and Section 135 of the Gujarat Police Act after filing of the charge-sheet more particularly the application preferred by

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NEUTRAL CITATION

R/CR.MA/7117/2026 ORDER DATED: 02/04/2026

0.28018917744321503

the applicants having been rejected by the learned Trial Court.

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. This Court has heard learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

(i) The allegation in the FIR being very serious that is one punishable under Section 103(1) etc. of the BNS and whereas it would appear that the accused party were the assailants, more particularly the complainant party and the applicant party being present at the Temple and whereas the accused party alleged to have

attacked the complainant party.

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NEUTRAL CITATION

R/CR.MA/7117/2026 ORDER DATED: 02/04/2026

0.28018917744321503

(ii) The applicant being named in the complaint itself whereas it is shown that the applicant was having a knife and/or an iron rod (khilasari) and whereas it would appear that the present applicant is

alleged to have injured one victim Nitish and not to the deceased.

(iii) It also prima facie appears that the present is a case of free fights between two families, which had long standing enmity with each other and whereas even the lady members of the families having

been roped in as accused.

(iv) It also appears even as per the statement of Pragnaben under Section 183 of BNSS who is from the complainant side that the incident was not pre-meditated