IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 6466 of 2026 ==========================================================

KANTILAL DAYALAL DHANJIBHAI NAKUM Versus STATE OF GUJARAT ==========================================================

Appearance:

MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1 MR UTKARSH SHARMA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/03/2026 ORAL ORDER

1. Heard learned advocate Ms. Mayuri Chauhan appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Utkarsh Sharma 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. 11202057250443 of 2025 registered with Sikka Police Station, District: Jamnagar for the offence punishable under Sections 331(3)(4) and 305(a) of the IPC.

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

i. Allegation being that the applicant was caught red handed after he had stolen LPG Gas cylinders and whereas, it would appear that around 14 Gas cylinders were recovered from the present applicant in various offence.

ii. While it is alleged that the applicant has various antecedents, it is submitted that while the applicant was caught in connection with one offence, and other undetected offences, the applicant have been arraigned as an accused.

iii.Surprisingly, the applicant being a primary teacher, appears to have the habit of stealing, more particularly, the applicant being under suspension on an allegation that he had stolen two laptops from the school in which he was working, thus, prima facie, reflecting some underlying psychological issues.

iv. The fact of the present applicant being in custody since 07.08.025 and the charge-sheet having been laid, this Court is inclined to grant him bail.

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. 11202057250443 of 2025 registered with Sikka Police Station, District: Jamnagar, 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 subje