Gujarat High Court Grants Bail to Accused with Lesser Role in Honor Killing Case

Court Cites Supreme Court Precedent in Sanjay Chandra v. CBI to Grant Bail Amidst Concerns of Prolonged Custody

In a significant ruling, the Gujarat High Court has granted regular bail to Hareshbhai Hirjibhai Chaudhari, an accused in a high-profile honor killing case, citing the lesser role attributed to him in the crime compared to the main accused. The decision was delivered by Justice M.R. Mengdey on November 27, 2025, in response to a Special Criminal Application for quashing registered under R/Special Criminal Application (Quashing) No. 15647 of 2025.

The case in question involves an FIR registered with Tharad Police Station (C.R.No.11195050250670 of 2025), where Chaudhari was implicated as an abettor in a crime that led to an alleged honor killing. The court's ruling underscores the application of Sections 46, 100, and 101(d) of the Bharatiya Nyaya Sanhita, 2023, in evaluating the applicant's involvement and determining the appropriateness of granting bail.

Justice Mengdey considered multiple factors in the decision, noting that Chaudhari had been in custody since August 9, 2025, and acknowledging that the trial may extend further, necessitating a review of his detention status. The court's order emphasized that Chaudhari's involvement in the crime was not as direct as the main accused, thereby justifying his release on bail under specific conditions, including not misusing his liberty, not contacting the complainant, and refraining from tampering with evidence.

The court's decision was influenced by the landmark Supreme Court judgment in Sanjay Chandra v. CBI, which highlights the importance of individual liberty and the necessity to avoid prolonged pre-trial detention, especially when the accused's role is comparatively minor.

Chaudhari's bail conditions include the execution of a personal bond of Rs. 50,000, with surety, and compliance with strict guidelines laid out by the court. These conditions are designed to ensure that he does not exploit his freedom or hinder the ongoing investigation.

The ruling has prompted directives for the Investigating Officer and the Superintendent of Police, Vav-Tharad District, to ensure compliance with the conditions and to continue the investigation with diligence. This includes verifying the applicant's permanent address and ensuring that the conditions of bail are meticulously followed.

This decision reflects the court's commitment to balancing the rights of the accused with the interests of justice, particularly in complex and sensitive cases such as honor killings, where societal norms and legal principles often intersect.

Bottom Line:

Bail - Regular bail granted to the applicant considering the lesser role attributed to him in the crime compared to the main accused, his prolonged custody, and the precedent set by the Hon'ble Supreme Court in Sanjay Chandra v. CBI.

Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 46, 100, 101(d), 103(1), 123, 238, 61(2), 54

Hareshbhai Hirjibhai Chaudhari v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2815037