IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 5939 of 2026 ==========================================================

SANGITABEN D/O MOHANBHAI JHAVERBHAI VAGHANI & ANR.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR DR BHATT(165) for the Applicant(s) No. 1,2 MR NASIR SAIYED(6145) for the Respondent(s) No. 1 MR. KRUTIK PARIKH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 17/03/2026

ORAL ORDER

1. Heard learned advocate Mr. D.R. Bhatt appearing on behalf of the applicant no. 1. Mr. Bhatt, under instructions submits that, he does not wish to press the present application qua applicant no. 1, and seeks permission to withdraw the same with a liberty to file fresh application in accordance with law, qua the applicant no. 1, after filing of the chargesheet. Permission as prayed for, is granted. This application is disposed of as withdrawn with the above liberty qua the applicant no. 1. So far as applicant no. 2 (hereinafter referred to as ‘applicant’) is concerned, the following order is passed:

2. Heard learned advocate Mr. D.R. Bhatt for the applicant and learned APP appearing on behalf of the respondent-State.

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

4. 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. 11210060260291 of 2026 registered with Varachha Police Station, Surat for the offence punishable under Sections 108, 85 and 54 of the BNS, 2023 and Section 4 of the Dowry Prohibition Act, 1961.

5. 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, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail.

6. 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 discretion in favour of the applicant and the application may be dismissed.

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

i. The applicant is a permanent resident of Botad, hence would be available at the time of trial;

ii. The applicant does not have any criminal antecedents.

iii. The applicant is the mother-in-law of the deceased and the allegations levelled against her are general in nature.

iv. The applicant is an old lady aged 71 years.

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

8. 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.

9. 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. 11210060260291 of 2026 registered with Varachha Police Station, Surat, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five 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 t