Gujarat High Court
Narpatsinh Rupaji Rajput (Rajput) vs State Of Gujarat on 21 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/841/2026 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
841 of 2026
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NARPATSINH RUPAJI RAJPUT (RAJPUT)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
RAFIK LOKHANDWALA(5590) for the Appellant(s) No. 1
HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/04/2026
ORAL ORDER
1. Heard learned advocate Mr.Aditya Pancholi for learned advocate Mr.Rafik Lokhandwala appearing on behalf of the appellant and learned Additional Public Prosecutor Mr.Hardik Mehta appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The present appeal is filed by appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for regular bail in connection with F.I.R. bearing C.R. No. I-99/2019 Page 1 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Apr 22 2026 Downloaded on : Thu Apr 23 03:25:51 IST 2026 NEUTRAL CITATION R/CR.A/841/2026 ORDER DATED: 21/04/2026 undefined registered with Dhanera Police Station, Banaskantha for the offence punishable under Sections 143, 147, 148, 149, 364(A), 365, 323, 324, 294(B), 506(2), 120(B) of the IPC and Sections 3(1)(R)(S), 3(2)(5-A) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 3.1. The present appellant having been arraigned as an accused in connection with the aforementioned offence and having been arrested for the said offence, and had been released by learned Special Judge, Special Atrocity Court, Deesa vide order dated 03.07.2020. The appellant not remaining present during the trial, learned Sessions Court having issued non-bailable warrant and the present appellant moved the learned Sessions Court recalling of the warrant and the learned Sessions Court having not considered the same, had directed the appellant to be taken in custody vide order dated 13.01.2026 and whereas, the present appellant had moved an application for regular bail thereafter and vide order dated 27.02.2026 the said application being rejected, the appellant has approached this Court by way of the present appeal.
4. Learned advocate for the appellant would submit that Page 2 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Apr 22 2026 Downloaded on : Thu Apr 23 03:25:51 IST 2026 NEUTRAL CITATION R/CR.A/841/2026 ORDER DATED: 21/04/2026 undefined considering the role attributed to the appellant, and nature of the allegation levelled, the appellant may be enlarged on regular bail. It is further submitted that since the charge- sheet is filed no useful purpose would be served by keeping the appellant in jail for indefinite period. It is further contended that the appellant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State and learned advocate for the complainant have vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present appellant, this Court may not exercise the discretion in favour of the appellant and the appeal may be dismissed.
6. This Court has heard learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The fact of the present appellant having been released in the substantive offence more particularly on a default bail. Page 3 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Apr 22 2026 Downloaded on : Thu Apr 23 03:25:51 IST 2026
NEUTRAL CITATION R/CR.A/841/2026 ORDER DATED: 21/04/2026 undefined ii. The fact of the present appellant having appeared before the learned Special Court till January-February, 2025 i.e. for approximately four and a half years after the charge-sheet had been filed.
iii. The fact of the appellant having been arrested on 13.01.2026 and being in custody for almost three months after being arrested on the ground of non-bailable warrant.
7. 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 allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the appellant on bail.
9. Hence, the appeal is allowed and the appellant is ordered to be released on bail in connection with FIR being C.R. No. I-99/2019 registered with Dhanera Police Station, Banaskantha on executing a bond of Rs.25,000/- (Rupees Page 4 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Apr 22 2026 Downloaded on : Thu Apr 23 03:25:51 IST 2026 NEUTRAL CITATION R/CR.A/841/2026 ORDER DATED: 21/04/2026 undefined Twenty-Five Thousand 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 injuries 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 intimation to the Investigating Officer concerned ;
[f] mark presence once a fortnight for a period of six months and thereafter, once a month till the trial gets over, before the concerned police station.
10. The Authorities will release the appellants only if he is not required in connection with any other offence for the time Page 5 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Apr 22 2026 Downloaded on : Thu Apr 23 03:25:51 IST 2026 NEUTRAL CITATION R/CR.A/841/2026 ORDER DATED: 21/04/2026 undefined 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.
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 appeal of the appellant for being released on regular bail.
13. The appeal is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 6 of 6 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Apr 22 2026 Downloaded on : Thu Apr 23 03:25:51 IST 2026