The court may grant regular bail after the charge-sheet is filed, even with criminal antecedents, if the investigation is complete and the risk of recidivism can be managed through stringent conditions.

ORAL ORDER

1. Heard learned senior advocate Mr. N. D. Nanavaty on behalf of learned advocate Mr. Yash N. Nanavaty appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Soaham Joshi 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. 11196017250338 of 2025 registered with Panigate Police Station, Vadodara for the offence punishable under Sections 115(2), 314, 296(b), 351(2), 54 and 324(4) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of G.P. Act .

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, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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. Learned advocate has also submitted that, the court may impose strictest of conditions, while enlarging the applicant 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 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. The applicant is a permanent resident of Vadodara district, hence would be available at the time of trial;

ii. Out of the 21 antecedents against the applicant, learned Senior Counsel submits that he has been acquitted in 11 of those offences, whereas, 9 previous offences as well as the present offence are pending.

iii. The investigation is over. Charge-sheet has been filed.

iv. The present FIR came to be registered against the applicant before the FIR which was registered under GCTOC Act. The applicant has been granted regular bail in the GUJCTOC offence by the co-ordinate bench on 27-02-2026 vide order passed in CR.MA No.945 of 2026.

v. The apprehension of the learned APP that, the applicant would once again indulge in similar or such offence, can be put to rest by imposing stringent conditions.

vi. The injured Harish Rameshbhai Kahar has already been discharged from the hospital.

7. 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 applicant is ordered to be released on bail in