Gujarat High Court
Sureshbhai Nanubhai Ratadiya vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/11074/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11074 of 2026
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SURESHBHAI NANUBHAI RATADIYA
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
ORDER
1) RULE. Learned APP waives service of rule for the respondent-State.
2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11211015260123 of 2026 registered with Dhrangadhra Police Station, District - Surendranagar, for the offences punishable under Sections 336(2), 336(3), 338, 340(2), 316(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita.
3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Substantial part of investigation is over. Co-accused are granted bail by the coordinate Bench. He therefore submits that, considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions. Page 1 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu May 07 2026 Downloaded on : Thu May 07 22:29:19 IST 2026
NEUTRAL CITATION R/CR.MA/11074/2026 ORDER DATED: 07/05/2026 undefined
4) Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is involved in the present offence and committed serious offence. Considering the conduct of the applicant, application does not deserve any consideration.
5) While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;
(iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
6) I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. The allegations against the applicant is that the applicant got executed registered Sale Deed in his favour on the strength of Power of Attorney. It is further alleged that the Power of Attorney was in Page 2 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu May 07 2026 Downloaded on : Thu May 07 22:29:19 IST 2026 NEUTRAL CITATION R/CR.MA/11074/2026 ORDER DATED: 07/05/2026 undefined English language and in collusion and connivance with the co- accused forged vouchers were created. If we perused the allegations it appears that the Sale Deed is in Gujarati language which came to be executed before the Sub-Registrar and the complainant himself has executed the same so no Power of Attorney is used while executing the same. Since the complainant himself has executed the Sale Deed no question arises to use Power of Attorney or question of English language is also not arises. The co-accused of the applicant has been released on bail by the coordinate Bench. Following aspects have been considered:
(1) Investigation is almost over;
(2) Applicant is behind the bar since 17.03.2026;
(3) There is nothing to be recovered or discovered from the
applicant;
7) This Court has also taken into consideration the law laid down by
the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed Page 3 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu May 07 2026 Downloaded on : Thu May 07 22:29:19 IST 2026 NEUTRAL CITATION R/CR.MA/11074/2026 ORDER DATED: 07/05/2026 undefined under Article 21 of the Constitution of India, present application deserves consideration.
8) In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11211015260123 of 2026 registered with Dhrangadhra Police Station, District - Surendranagar on executing a personal bond of Rs.25,000/- (Rupees 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to Trial Court within a week;
(d) not to leave State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a week till filing of the chargesheet and after filing of the chargesheet, mark presence before the concerned police Page 4 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu May 07 2026 Downloaded on : Thu May 07 22:29:19 IST 2026 NEUTRAL CITATION R/CR.MA/11074/2026 ORDER DATED: 07/05/2026 undefined station once in a month for a period of six months;
(f) furnish the Aadhar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court;
(g) if the applicant is found to be indulged in any illegal activities in future, the trial Court concerned will be free to issue warrant and cancel the bail granted to the applicant.
9) 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.
10) Bail bond to be executed before lower Court having jurisdiction to try the case. It will be open for concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
11) At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
12) Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J) ANKIT JANSARI Page 5 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu May 07 2026 Downloaded on : Thu May 07 22:29:19 IST 2026