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NEUTRAL CITATION

R/CR.MA/3033/2026 ORDER DATED: 02/04/2026

0.7035410083293122

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

AFTER CHARGESHEET) NO. 3033 of 2026 ==========================================================

NIGAM JAYESHBHAI JADAV Versus STATE OF GUJARAT

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Appearance:

MR M.NISAR VAIDHYA(3386) for the Applicant(s) No. 1 MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1 MR. KANVA ANTANI, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 02/04/2026

ORAL ORDER

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. 11191024250315 of 2025

registered with Ramol Police Station, Ahmedabad City.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and 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.

4. Per contra, learned APP has opposed the present application for grant of

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NEUTRAL CITATION

R/CR.MA/3033/2026 ORDER DATED: 02/04/2026

0.7035410083293122

regular bail contending that on the day of incident, in day time, the Applicant was seen having a knife in his hand, and the CCTV Footage in that regard has been captured by the investigating agency. The incident alleged in the FIR had taken place between 9:30 PM and 10:00 PM at night, wherein, the Applicant was also present. The entire incident had been captured in the video, which has been sent to the FSL for the purpose of examination, wherein, the presence of the Applicant is also found. He further submitted that the present is the successive Application filed by the Applicant after the dismissal of the earlier Application filed by the Applicant. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in

favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. The Applicant has been arrested in connection with the present offence on 9.04.2025 and since then the Applicant is in the custody. The Applicant had earlier preferred Criminal Misc. Application No. 13590 of 2025, which was allowed to be withdrawn by this

Corut vide order dated 14.07.2025.

5.1 As per the case of the prosecution, the role attributed to the Applicant is to the effect that the Applicant along with the other co-accused was armed with weapon like knife and, with an intention to terrorize the public at large, had created ruckus on the open road and had caused injuries to several people. Considering the facts and circumstances of the case, the Application deserves

consideration. This court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and

hampering with the witnesses by the accused.

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NEUTRAL CITATION

R/CR.MA/3033/2026 ORDER DATED: 02/04/2026

0.7035410083293122

(b) That the learned Advocate for the Applicant has submitted that the Applicant Ac