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

AFTER CHARGESHEET) NO. 6398 of 2026 ==========================================================

BHAVIN CHANDRAKANT KHETANI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR NIRAV C THAKKAR(2206) for the Applicant(s) No. 1 MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 10/04/2026

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. 11202001250010 of 2025 registered with Jamnagar Mahila Police Station, Jamnagar.

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 regular bail contending that the present Applicant happens to be the husband of the deceased. The married life between the Applicant and the deceased was merely of 5 Years and because of the torture meted out to the deceased by the Applicant, the deceased has committed suicide. 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 18.03.2025 and since then the Applicant is in the custody. The Applicant had earlier preferred Criminal Misc. Application No. 12014 of 2025 which was allowed to be withdrawn vide order dated 25.06.2025 and thereafter the present successive bail application has been preferred.

5.1 This court vide order dated 20.03.2026 had called for the report from the trial court as regards the status of trial. The report so submitted indicates that out of 22 witnesses, 4 witnesses have been examined. However, today it is submitted that 9 witnesses have been examined. It is also submitted that neither the first informant nor his family members are remaining present before the learned trial court for giving their depositions. Considering this aspect, 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.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 18.03.2025.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court w