Case Note & Summary
The applicant, Bhupendra @ Bhopi Premaji Bhati, filed a successive regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 11192030240048 registered with Kanbha Police Station, Ahmedabad Rural, for offences under Sections 302, 307, 333, 279, 114 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984. The case arose from a secret information regarding transportation of contraband liquor, wherein the applicant's name was mentioned. The investigating agency could not find material against the applicant and allegedly cooked up a story. The applicant's earlier bail applications were dismissed by the High Court on 27.03.2025 and 05.05.2024. The Supreme Court granted liberty to renew the bail prayer after six months if there is delay in trial. The applicant submitted that there was no progress in trial and no call details connecting him to the driver. The State opposed, arguing no change in circumstances. The court, noting that this was the fourth successive application and that the trial had not progressed, allowed the application and granted bail to the applicant on suitable conditions.
Headnote
A) Criminal Procedure - Successive Bail Application - Change in Circumstances - The court considered the fourth successive bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant argued that there was no progress in trial and no material connecting him to the offence - The court held that the applicant is entitled to bail as the trial has not progressed and the applicant has been in custody for a considerable period (Paras 1-4).
Issue of Consideration
Whether the applicant is entitled to regular bail on the ground of no change in circumstances and delay in trial, despite earlier dismissal of bail applications.
Final Decision
The application is allowed. The applicant is ordered to be released on regular bail on executing a personal bond of Rs. 10,000 with one surety of like amount, subject to conditions including not tampering with evidence, not inducing witnesses, and marking presence before the police station once per month.
Law Points
- Successive bail application
- change in circumstances
- delay in trial
- Section 483 BNSS
- Section 302 IPC
- Section 307 IPC
- Section 333 IPC
- Section 279 IPC
- Section 114 IPC
- Section 3 Prevention of Damage to Public Property Act
Case Details
2026 LawText (GUJ) (03) 891
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 4920 of 2026
A S Timbalia, Pritesjkumar A Vaghela, Krishnaben A Vaghela, Meet Thakkar
Bhupendra @ Bhopi Premaji Bhati
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Nature of Litigation
Criminal miscellaneous application for successive regular bail after chargesheet.
Remedy Sought
The applicant sought enlargement on regular bail in connection with FIR for offences including murder and attempt to murder.
Filing Reason
The applicant was arrested in connection with FIR No. 11192030240048 for offences under IPC and PDPP Act; earlier bail applications were dismissed; Supreme Court granted liberty to renew after six months due to trial delay.
Previous Decisions
Earlier bail applications were dismissed by the High Court on 05.05.2024 (Criminal Misc. Application No.10715 of 2024) and 27.03.2025 (Criminal Misc. Application No.4622 of 2025). The Supreme Court granted liberty to renew after six months.
Issues
Whether the applicant is entitled to bail on the ground of no change in circumstances and delay in trial.
Whether the fourth successive bail application is maintainable.
Submissions/Arguments
Applicant argued that there is no material connecting him to the offence, no call details, and trial has not progressed.
State argued that there is no change in circumstances and earlier orders considered all aspects.
Ratio Decidendi
The court held that since the trial has not progressed and the applicant has been in custody for a considerable period, and the Supreme Court granted liberty to renew the bail prayer, the applicant is entitled to bail under Section 483 of BNSS.
Judgment Excerpts
The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail.
There is no progress whatsoever in the trial.
This is the fourth successive application filed by the applicant seeking regular bail.
Procedural History
FIR registered in 2024; first bail application dismissed on 05.05.2024; second bail application dismissed on 27.03.2025; Supreme Court granted liberty to renew after six months; present fourth successive application filed in 2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 483
- Indian Penal Code: 302, 307, 333, 279, 114
- Prevention of Damage to Public Property Act, 1984: 3
