IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 2851 of 2026 ==========================================================

JUSAB @ KARIYOTAIYAB VISHAL Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 11/03/2026

ORAL ORDER

1. The applicant who is arrested by the Rajkot A Division Police Station for the offence alleged to have been committed under sections 3(1)(i), 3(1)(ii), 3(2), 3(4) of the GUJCTOC Act, 2015 has preferred the present application under Section 483 of the BNSS, 2023 praying for regular bail. The FIR in question came to be registered by Junagadh A Division Police Station vide CR No.

11203023241218 of 2024.

2. Heard learned advocate Mr. Maulik Soni for the applicant and learned APP Ms. Jirga Jhaveri for the respondent-State.

3. Learned advocate Mr. Soni has submitted that, the applicant is behind the bars since 18.12.2024. More than 120 witnesses have been cited in the charge sheet. Out of the 22 antecedents shown against the applicant, he has been acquitted in majority of offences. The applicant be released on bail subject to strict conditions.

Learned Advocate Mr. Soni in support of his oral arguments has relied upon the judgments of the Hon’ble Supreme Court of India in the case of Tapas Kumar Palit Vs State of Chhattisgarh reported in 2025(0) AIJEL-SC 74753 and judgment of this Court in the case of Kara Devraj Rada Vs State of Gujarat rendered in Cr.M.A (For Regular Bail – Before Chargesheet) No. 1396 of

2025

4. Learned APP Ms. Jirga Jhaveri at the outset has submitted that, there were 22 offences registered against the applicant, whereas, more than 100 offences have been registered against the organized crime syndicate, of which, the applicant was one of the members. Even after promulgation of the GUJCTOC Act 2015, offences have been registered against the applicant. Ms. Jhaveri has also submitted that, there are statements of witnesses recorded under Section 183 of the BNSS, 2023.

Accordingly, she has requested to reject the application.

5. At the outset, the applicant was arraigned as accused in the FIR which was lodged and registered against the 9 accused persons before the Junagadh A Division Police Station under Section 3(1)(i), 3(1)(ii), 3(2), 3(4) of the GUJCTOC Act, 2015. The applicant is shown as accused no. 8 in the FIR. As per the prosecution case, around 22 offences came to be registered against the applicant, from wherein, he was involved in 6 offences along with gang-leader Salman alias Saliyo, whereas, in 5 offences with accused no. 4 Ajit alias Mantri Amad Nareja, in 2 offences along with co-accused no. 5 Amad Husainbhai Nareja, in 4 offences along with co-accused no. 6 Amin alias Chota Mantri alias Amadbhai Nareja and in 2 offences with accused no. 7 Aslam alias Chhamio Osman Seeda. It is also revealed from chargesheet papers that, the applicant had singly committed 11 offences, apart from these 22 offences. It is also revealed from the charge- sheet that, more than 100 offences came to be registered against the organized crime syndicate, which was headed by the accused no. 1, of which, the present applicant was a member. It also transpires that, after promulgation of the GUJCTOC Act, 2015 on 01.12.2019, 21 offences have been registered against the applicant as well as the crime syndicate. The applicant along with co-accused was committing offences of loot, rioting, grievous hurt, quarreling, prohibition, gambling, breach of externment order, holding weapons without any valid license etc. There are statements of witnesses recorded under section 183 of the BNSS, 2023, whereby, they have named the applicant as one of the co-accused, hence the fact that the applicant was a member of