Gujarat High Court
Nilesh Ghelabhai Saniya vs State Of Gujarat on 16 October, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/22087/2025 ORDER DATED: 16/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 22087 of 2025
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NILESH GHELABHAI SANIYA
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MR KM ANTANI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 16/10/2025
ORAL ORDER
1. Heard learned Advocate Mr. Virat Popat for the applicant, learned APP Mr.K.M.Antani for the respondent- State and learned advocate Mr.Rutvij Oza on behalf of the first informant.
1.1. Learned advocate Mr.Oza has sought permission to appear on behalf of the first informant and also sought permission to file his Vakalatnama. Permission is granted.
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. 11198047250191 of 2025 registered with Shihor Police Station, Bhavnagar for the offence punishable under Sections 109(1), 351(3), 54 of the BNS and Section 135 Page 1 of 7 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 04:56:42 IST 2025 NEUTRAL CITATION R/CR.MA/22087/2025 ORDER DATED: 16/10/2025 undefined of the G.P. Act.
4. Learned Advocate Mr.Popat for the applicant would submit that the offence is one of attempt to murder and whereas, while the victim has been discharged from the hospital, it appears that the victim is in a critical condition more particularly the allegation being that the victim has not regained consciousness and a tracheotomy was also required to be conducted for his treatment therefore, the learned Sessions Court had not considered the case of the applicant more particularly on the ground that there might be a chance of aggravated offence in the present case. 4.1. Learned advocate would take this Court through the FIR and the papers of the investigation and would submit that the incident is of an altercation more particularly the applicant and his party being agriculturist having assaulted the victim with sticks more particularly the allegation against the applicant that he had given a single blow on the head of the victim. Learned advocate would also draw the attention of this Court to the injury certificate of the treating doctor whereby, while other injuries have been identified as injuries being caused by blunt force, there is no opinion as regards the Page 2 of 7 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 04:56:42 IST 2025 NEUTRAL CITATION R/CR.MA/22087/2025 ORDER DATED: 16/10/2025 undefined alleged injury which had been inflicted by the present applicant.
4.2. Learned advocate would submit that the present applicant being in custody for last around seven months and considering the age of the applicant so also considering that the applicant has no antecedents, this Court may consider releasing the present applicant on regular bail.
5. As against the same, learned Additional Public Prosecutor Mr.Antani appearing for the respondent - State assisted by learned advocate Mr.Oza appearing for the original complainant has strongly opposed the grant of regular bail. Learned APP has drawn the attention of this Court to the observation of the learned Sessions Court and would submit that the victim while undoubtedly he has been discharged but the victim is still unconscious and whereas, certain procedures had been conducted to ensure that appropriate treatment could continue. Learned APP would submit that the victim still being unconscious, would be a fact which may be considered appropriately by this Court. 5.1. Learned APP would submit that undoubtedly, while the other accused have been released on regular bail, the fact of Page 3 of 7 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 04:56:42 IST 2025 NEUTRAL CITATION R/CR.MA/22087/2025 ORDER DATED: 16/10/2025 undefined the present applicant having given the blow on the head may also be appropriately considered.
6. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The fact that the offence is one under Section 109(1) and 351(3) of the BNS more particularly the allegation being that the applicant had allegedly committed an offence of attempt to murder.
ii. That the allegation being that the applicant had given one stick blow on the head of the victim.
iii. That the injury certificate not being very clear more particularly while the injury certificate states about injuries no.2 to 5 having been caused by blunt force, there is no specific observation as regards injury no.1 which is the one alleged to have been inflicted by the present applicant. iv. While it would appear that the victim has been Page 4 of 7 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 04:56:42 IST 2025 NEUTRAL CITATION R/CR.MA/22087/2025 ORDER DATED: 16/10/2025 undefined discharged, yet, it also appears that the victim is in a critical condition more particularly the victim is unconscious as of date and whereas, to this Court, it would appear that the same could be as a result of the age of the victim and whereas, at this stage, after the investigation has been over and the applicant having remained in custody for more than seven months, keeping the applicant in custody any further would almost amount to pretrial punishment. v. The age of the applicant which is of 23 years and the fact of the applicant having no antecedents.
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 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 present application is allowed. The applicant Page 5 of 7 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 04:56:42 IST 2025 NEUTRAL CITATION R/CR.MA/22087/2025 ORDER DATED: 16/10/2025 undefined is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11198047250191 of 2025 registered with Shihor Police Station, Bhavnagar, on executing a bond of Rs.10,000/- (Rupees Ten Thousands only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] furnish the present address of residence to the I.O. And also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[f] not to enter into Taluka: Shihor, Bhavnagar for a period of six months from the date of regular bail. [g] mark his presence once a month before the Shihor Page 6 of 7 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 04:56:42 IST 2025 NEUTRAL CITATION R/CR.MA/22087/2025 ORDER DATED: 16/10/2025 undefined Police Station, Bhavnagar.
10. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
11. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.
12. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 7 of 7 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 04:56:42 IST 2025