Gujarat High Court
Rahulbhai S/O Rameshbhai @Bhimjibhai ... vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
AFTER CHARGESHEET) NO. 10846 of 2026
==================================================
RAHULBHAI S/O RAMESHBHAI @BHIMJIBHAI
ZAPADIYA(NAME AS PER ORDER OF LD. SESIONS COURT)
Versus
STATE OF GUJARAT
==================================================
Appearance:
MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1
MR MOHITSINH A JADEJA(13111) for the Respondent(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
==================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicants and learned Additional Public Prosecutor appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The applicant has filed this application under Section 483 Page 1 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Wed May 13 2026 Downloaded on : Wed May 13 21:51:06 IST 2026 NEUTRAL CITATION R/CR.MA/10846/2026 ORDER DATED: 12/05/2026 undefined of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging them on Regular Bail in connection with FIR being C.R. No. 11211031250488 of 2025 registered with Limdi Police Station, Surendranagar for the offence punishable under Sections 108, 80(2) of the BNS, 2023 and under Sections 3, 7 of the Dowry Prohibition Act.
4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that, the applicant 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 has 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 applicant, this Court may not exercise discretion in favour of the applicant and the application may be dismissed. Page 2 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Wed May 13 2026 Downloaded on : Wed May 13 21:51:06 IST 2026
NEUTRAL CITATION R/CR.MA/10846/2026 ORDER DATED: 12/05/2026 undefined 5.1 Learned advocate Mr. Mohitsinh Jadeja appears for the original complainant. He has already filed his vakalatnama in the Registry. Learned advocate for the original complainant places on record the affidavit filed by the original complainant Mr. Babubhai Mathurbhai Mer, and submits that, the dispute between the applicant and the original complainant has been amicably settled. The applicant is present before the Court and has affirmed the averments made in the affidavit.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is a permanent resident of Surendranagar hence would be available at the time of trial; ii. The investigation being over, charge sheet has been filed; iii. The applicant has no criminal antecedents; iv. The original complainant Mr.Babubhai Mathurbhai Mer Page 3 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Wed May 13 2026 Downloaded on : Wed May 13 21:51:06 IST 2026 NEUTRAL CITATION R/CR.MA/10846/2026 ORDER DATED: 12/05/2026 undefined has filed an affidavit, wherein, he has stated that, the dispute between him and the Applicant has been resolved and that, a settlement has been arrived at and, as such, he has no objection if bail is granted to the applicant, who is his son-in-law.
v. The original complainant is present before the court and he has affirmed the facts of his affidavit;
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 the allegations made against the applicants 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 applicants on regular bail.
Page 4 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Wed May 13 2026 Downloaded on : Wed May 13 21:51:06 IST 2026
NEUTRAL CITATION R/CR.MA/10846/2026 ORDER DATED: 12/05/2026 undefined
9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11211031250488 of 2025 registered with Limdi Police Station, Surendranagar, on each executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave State of Gujarat without prior permission of the Trial Court concerned;
[e] furnish the present address of their residence to the I.O. and to the Court at the time of execution of the bond and Page 5 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Wed May 13 2026 Downloaded on : Wed May 13 21:51:06 IST 2026 NEUTRAL CITATION R/CR.MA/10846/2026 ORDER DATED: 12/05/2026 undefined shall not change his residence without prior intimation to the I.O. and the court;
[f] mark his presence on every Sunday before the concerned police station till the trial is over;
10. 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 Court concerned will be at liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial 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 competent 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 enlarging the applicant on regular bail. The application is Page 6 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Wed May 13 2026 Downloaded on : Wed May 13 21:51:06 IST 2026 NEUTRAL CITATION R/CR.MA/10846/2026 ORDER DATED: 12/05/2026 undefined allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.
(UTKARSH THAKORBHAI DESAI, J) PARMAR CHIRAG Page 7 of 7 Uploaded by PARMAR CHIRAG(HC02371) on Wed May 13 2026 Downloaded on : Wed May 13 21:51:06 IST 2026