Gujarat High Court
Shivkubhai Bahadurbhai @ Nanbhai ... vs State Of Gujarat on 24 November, 2025
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/21257/2025 ORDER DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 21257 of 2025
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SHIVKUBHAI BAHADURBHAI @ NANBHAI GOVALIYA
Versus
STATE OF GUJARAT
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Appearance:
MR IH SYED SENIOR ADVOCATE for MR RUCHIT J VYAS(10687) for the
Applicant(s) No. 1
MR SHALIN MEHTA SENIOR ADVOCATE WITH MR.BHASH H
MANKAD(6258) for the Respondent(s) No. 1
MR JAY MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 24/11/2025
ORAL ORDER
1. Heard learned Senior Advocate Mr. I.H. Syed for learned Advocate Mr. Ruchit Vyas on behalf of the applicant, learned Additional Public Prosecutor Mr. Jay Mehta on behalf of respondent- State and learned Senior Advocate Mr. Shalin Mehta with learned Advocate Mr. Bhash Mankad on behalf of the original complainant.
2. Rule. Learned APP and learned Advocate waive service of notice of rule on behalf of respective respondents.
3. The present applicant who has been arraigned as an accused has preferred 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. 11193008230322 of 2023 registered Page 1 of 9 Uploaded by NIRU AMIN(HC00211) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:44:49 IST 2025 NEUTRAL CITATION R/CR.MA/21257/2025 ORDER DATED: 24/11/2025 undefined with Babra Police Station, Amreli for the offences punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and Sections 3(1), 3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act 2015 ( hereinafter referred to as 'GUJCTOC ACT').
4. Learned Senior Advocate Mr. Syed on behalf of the applicant would draw the attention of this Court to an order passed by the Hon'ble Supreme Court on 02.09.2025 in SLP ( Crl.) No. 9692 of 2025 and would submit that the said order had been passed in case of co-accused namely accused no. 2 in the FIR and whereas it is submitted that the Hon'ble Supreme Court having considered the aspect that only two out of 41 witnesses had been examined, and considering the long period of incarceration had been pleased to release the applicant - accused on regular bail on the condition that the applicant co-operate with the conduct of the trial. Learned Senior Advocate would submit that the applicant being the accused no. 1 in the said FIR and the applicant having similar or even slightly higher degree of role attributed in the FIR concerned that is the FIRs which have been mentioned in the GUJCTOC FIR, yet considering the fact that as of now, the trial has moved forward only slightly, this Court may consider releasing the applicant. Learned Senior Advocate would also draw the attention of this Court to an order dated 16.07.2025 in Special Leave to Appeal ( Cri.) No. 7858 of 2025 and would submit that in the said case, the co-accused one Manglubhai Bahdurbhai Govaliya that is accused no. 4 had approached the Hon'ble Supreme Court challenging an order passed by this Court where the applicant had not been released on regular bail in connection with an offence punishable inter alia under Section 307 of the Indian Penal Code that is in relation to one of the FIR mentioned in the GUJCTOC FIR and, whereas in said decision while the Hon'ble Supreme Court did not enlarge Page 2 of 9 Uploaded by NIRU AMIN(HC00211) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:44:49 IST 2025 NEUTRAL CITATION R/CR.MA/21257/2025 ORDER DATED: 24/11/2025 undefined the said applicant on regular bail, the Hon'ble Supreme Court had directed the Special Court to complete the GUJCTOC trial within a period of six months that is by 17.01.2026. Learned Senior Advocate would submit that the trial having proceeded yet, since only 7 out of 41 witnesses have been examined, and having regard to the fact that the applicant is incarceration since 26.06.2023, this Court may consider and release the present applicant on regular bail.
5. The present application has been vehemently objected to by learned APP Mr. Mehta. Learned APP would submit that very serious allegations have been made against the applicant in the GUJCTOC FIR. Learned APP would submit that considering the allegations levelled against the applicant and having regard to the role attributed to the present applicant in the FIRs mentioned in the GUJCTOC FIR, this Court may not consider releasing the present applicant at this stage.
6. Submissions of learned APP have been adopted by learned Senior Advocate Mr. Shalin Mehta for learned Advocate Mr. Bhash Mankad on behalf of original complainant. Learned Senior Advocate would oppose the present application submitting that the present applicant is the main leader of the group concerned. Learned Senior Advocate would draw the attention of this Court to order of the Hon'ble Supreme Court dated 16.07.2025 more particularly paragraph no. 6 thereof and would submit that in one of the FIRs, that is referred in the GUJCTOC FIR, considering the role attributed to the applicant therein, and having regard to the genesis of the occurrence, the Hon'ble Supreme Court had not been inclined to release the accused on regular bail. Learned Senior Advocate would submit that the Hon'ble Supreme Court, having considered that the applicant having Page 3 of 9 Uploaded by NIRU AMIN(HC00211) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:44:49 IST 2025 NEUTRAL CITATION R/CR.MA/21257/2025 ORDER DATED: 24/11/2025 undefined undergone long incarceration, had deemed it appropriate to direct the Special Court to complete the trial within a period of six months. Learned Senior Advocate would submit that the trial would in any way be complete by 17.01.2026 in compliance of the direction of the Hon'ble Supreme Court, this Court may not enlarge the present applicant on regular bail. Learned Senior Advocate would also draw the attention of this Court to an order passed by a learned Co-ordinate Bench dated 24.09.2025 whereby learned Co-ordinate Bench had considered releasing one of the co-accused in the GUJCTOC FIR on regular bail more particularly observing that the role attributed to the applicant therein, was lesser than the role attributed to the applicant before the Hon'ble Supreme Court in Criminal Appeal No. 9692 of 2025 that is order dated 02.09.2025. Learned Senior Advocate would submit that the present applicant being accused no. 1, and the most serious role being attributed to the present applicant therefore also, this Court may not consider releasing the present applicant on regular bail.
7. As against the same, learned Senior Advocate Mr. Syed would draw the attention of this Court to an order passed by the Hon'ble Supreme Court in SLP No. 14107 of 2025 dated 22.09.2025 that is after order dated 02.09.2025, whereby, one of the co-accused in the FIR mentioning offence under Section 307 of IPC, who is not named in the GUJCTOC FIR, had been enlarged on regular bail more particularly having regard to the fact that the trial of FIR mentioning offence under Section 307 of IPC would not commence till the trial under the GUJCTOC Act would finish.
8. Heard learned Advocate for the respective parties and perused the FIR including charge-sheet as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Page 4 of 9 Uploaded by NIRU AMIN(HC00211) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:44:49 IST 2025 NEUTRAL CITATION R/CR.MA/21257/2025 ORDER DATED: 24/11/2025 undefined Court.
9. 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.
10. This Court has also considered the following aspects:
[1] While learned Senior Advocate appearing on behalf of the original complainant has relied upon an order dated 16.07.2025 by the Hon'ble Supreme Court, whereby Hon'ble Supreme Court had been disinclined to enlarge the co accused on regular bail yet, the said order had been passed in an FIR filed against the applicant therein filed under offences punishable Sections 307, 324, 325, 323, 341, 143, 147, 148, 149 and 120B of the Indian Penal Code read with Section 135 of the Gujarat Police Act.
[1.1] As against the same, order dated 02.09.2025 by the Hon'ble Supreme Court relied upon by learned Senior Advocate for the petitioner, is passed in the present FIR that is under the GUJCTOC Act 2015 and whereas, to this Court it would appear that the later order would be binding on this Court more particularly on the aspect of parity.
[2] While learned Senior Advocate Mr. Mehta for the complainant had tried to distinguish the order of the Hon'ble Supreme Court relying upon order of learned Co-ordinate Bench dated 24.09.2025 in in Criminal Misc. Application No. 1324 of 2025 whereby a co -
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accused had been released more particularly considering the lesser role attributed to the co-accused than the accused who had been released by the Hon'ble Supreme Court yet, to this Court it would appear that the Hon'ble Supreme Court vide order dated 02.09.2025, had enlarged the accused therein on regular bail on the ground that the applicant had been under incarceration for more than two years and the fact that all the complaints against the appellant therein had been initiated by the same party and also having regard to the fact that only two out of 41 witnesses had been examined. It would be pertinent to mention that the Hon'ble Supreme Court had not adverted to the role attributed to the applicant therein.
[2.2] Furthermore, with regard to the status of the trial, this Court had called upon the Registrar General to call for a report from the learned Special Court and whereas it is informed by the learned Special Court vide report dated 19.11.2025 that 7 witnesses have been examined and the matter has been fixed for recording of evidence of the three witnesses. Thus it would appear that after decision of the Hon'ble Supreme Court dated 02.09.2025, only five more witnesses of the 41 witnesses had been examined. The considerations, remaining the same rather being a bit more magnified in case of the present applicant since the applicant is stated to be under incarceration for almost two years and five months the order of the Hon'ble Supreme Court, would be binding in on all fours on the facts of the present case.
[3] While learned Senior Advocate for the original complainant would submit that the present applicant should not be enlarged on Page 6 of 9 Uploaded by NIRU AMIN(HC00211) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:44:49 IST 2025 NEUTRAL CITATION R/CR.MA/21257/2025 ORDER DATED: 24/11/2025 undefined bail till 17.01.2026 that is having regard to an order of the Hon'ble Supreme Court dated 16.07.2025 yet, considering the fact that the Hon'ble Supreme Court vide order dated 02.09.2025 had deemed it appropriate to enlarge a co-accused on regular bail while directing the learned Trial Court to comply with the order of the Hon'ble Supreme Court in SLP No. 7858 of 2025 i.e order dated 16.07.2025, this Court would not accept the submission made by the learned Senior Advocate for the respondent.
11. 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.
12. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11193008230322 of 2023 registered with Babra Police Station, Amreli on executing a bond of Rs.1,00,000/- (Rupees One lac 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 Page 7 of 9 Uploaded by NIRU AMIN(HC00211) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:44:49 IST 2025 NEUTRAL CITATION R/CR.MA/21257/2025 ORDER DATED: 24/11/2025 undefined Sessions Court concerned;
[e] not enter in Districts Botad, Amreli and Rajkot ( except for purpose of attending the trial ) till the trial in the GUJCTOC FIR that is GUJTOC Case No. 8 of 2023 and 9 of 2024 is completed.
[f] Mark his presence at Satellite Police Station, Ahmedabad once every week till trial is concluded ;
[g] 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 residential address without prior intimation to the I.O.
[h] shall co-operate with the trial and whereas learned Special Court shall ensure that the direction of the Hon'ble Supreme Court dated 16.07.2025 in SLP No. 7858 of 2025 is complied with, without fail and if need be the learned Sessions Court shall ensure that trial should be conducted on day to day basis so as to ensure direction of the Hon'ble Supreme Court is complied with in later and spirit.
13. 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 take appropriate action in the matter.
14. 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.
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15. 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.
16. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Page 9 of 9 Uploaded by NIRU AMIN(HC00211) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:44:49 IST 2025