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NEUTRAL CITATION

R/CR.MA/11609/2026 ORDER DATED: 14/05/2026

0.5915721330031977

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER

CHARGESHEET) NO. 11609 of 2026

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AJAY S/O. KARUBHAI LILABHAI SOLANKI (AS PER ORDER)

Versus

STATE OF GUJARAT

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Appearance:

M S PADALIYA(7406) for the Applicant(s) No. 1

MR. HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR for the

Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 14/05/2026

ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in

connection with FIR being C.R. No. 11202056250849 of 2025 registered

with Kalawad Rural Police Station, Jamnagar, for the offences under

Sections 310(4), 310(5), 61 of BNS and under Section 135(1) of the G.P. Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that

the applicant is innocent and has been falsely implicated in the offence.

Investigation is over and chargesheet has been filed. The applicant has three

past antecedents. Co-accused are granted bail by this Court and on the

ground of parity also, applicant may be enlarged on bail. He therefore

submits that, considering the nature of the offence, the applicant may be

enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed

the present application and requested to dismiss the present application for

regular bail on the ground that the applicant is very much involved in the

present offence and considering the gravity of offence, no case is made out

to entertain present bail application. Further, the applicant is having past

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NEUTRAL CITATION

R/CR.MA/11609/2026 ORDER DATED: 14/05/2026

0.5915721330031977

antecedents and if he is released on bail, possibility cannot be ruled out that

the applicant will flee from justice. Therefore, present application does not

deserve consideration.

[5.0] While granting bail, the Court has to consider the involvement of the

accused in the alleged offence, the jurisdiction to grant bail has to be

exercised on the basis of the well settled principles having regard to the

facts and circumstances of each case and the following factors are to be

taken into consideration while considering an application for bail: (i) the

nature of accusation and the severity of the punishment and the nature of

the materials relied upon by the prosecution; (ii) reasonable apprehension

of tampering with the witnesses and threat to the complainant or the

witnesses; (iii) reasonable possibility of securing the presence of the

accused at the time of trial or the likelihood of his abscondence; (iv)

character behaviour and standing of the accused and the circumstances

which are peculiar to the accused; (v) larger interest of the public or the

State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the

respective parties and perused the investigation papers. Following aspects

have been considered:

(1) The allegation being that the accused was arrested when they

were preparing for committing dacoity punishable under

Section 310(4), (5) of the BNS and was caught with deadly

weapons;

(2) Investigation is over and charge-sheet is filed;

(3) Applicant is behind the bar since 10.10.2025;

(4) There is nothing to be recovered or discovered from the

applicant;

(5) Though the applicant is having past antecedent, he is

presumed to be innocent till proven guilty;.

(6) Co-accused having similarly situated role are enlarged on

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