Nathubhai Surabhai @ Shivabhai Bharwad vs State Of Gujarat

Gujarat High Court

Nathubhai Surabhai @ Shivabhai Bharwad vs State Of Gujarat on 22 May, 2026

                                                                                                                 NEUTRAL CITATION




                              R/CR.A/1148/2026                                  ORDER DATED: 22/05/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/CRIMINAL APPEAL (REGULAR BAIL) NO. 1148 of 2026

                       ==========================================================
                                        NATHUBHAI SURABHAI @AHIVABHAI BHARWAD
                                                        Versus
                                               STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR BN LIMBACHIA(3454) for the Appellant(s) No. 1
                       NISHITH K JOSHI(9193) for the Appellant(s) No. 1
                       MR DHARMESH DHABI, ADVOCATE, NOTICE NOT RECD BACK for the
                       Opponent(s)/Respondent(s) No. 2
                       MR. UTKARSH SHARMA, ADDITIONAL PUBLIC PROSECUTOR for the
                       Opponent(s)/Respondent(s) No. 1
                       ==========================================================
                          CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                                        Date : 22/05/2026
                                                         ORAL ORDER

Rule returnable forthwith. Learned A.P.P. waives service of notice of Rule for the respondent - State of Gujarat.

[1] The present application is filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for regular bail in connection with FIR being C.R. No.11204045260116 of 2026 registered with Nadiad Rural Police Station, District - Kheda for offences under Sections 75(2), 78, 137(2), and 352 of BNS Act as well as under Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(1)(w)(ii), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

NEUTRAL CITATION R/CR.A/1148/2026 ORDER DATED: 22/05/2026 undefined [2] Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[3] Learned APP appearing on behalf of the respondent - State has opposed grant of regular bail looking to the nature and gravity of the offence.

[4] Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

[5] Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

[6] This Court has considered following aspects,

(a) The applicant is in jail since 17.03.2026.

NEUTRAL CITATION R/CR.A/1148/2026 ORDER DATED: 22/05/2026 undefined

(b) The investigation is over and the charge-sheet has been filed.

(c) Since the investigation is over, no further recovery or discovery made from the present applicant, thus, no further custodial interrogation is required.

(d) Considering the peculiar fact the complainant namely, Maaahiben D/o Manish Kumar Laxmanbhai Makwana is present and by way of affidavit stated that an amicable settlement has been arrived and now no grievance survive and therefore, no objection if the bail is granted. The same is taken on record. Learned advocate Mr. Dharmesh Dhabi appearing on behalf of the complainant has also confirmed the settlement.

(d) Considering the offence alleged and the punishment prescribed, the offences are magistrate triable and the trial may take its own course and even no fruitful purpose would be achieved by keeping the applicant in jail.

(e) In the facts and circumstances of the present case and considering the role attributed to the applicant and the Page 3 of 6 Uploaded by NIHAL PATEL(HC02355) on Fri May 22 2026 Downloaded on : Sat May 23 00:05:45 IST 2026 NEUTRAL CITATION R/CR.A/1148/2026 ORDER DATED: 22/05/2026 undefined allegations levelled against him, the case of the applicant deserves consideration and, therefore, I am inclined to consider the case of 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. [8] Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11204045260116 of 2026 registered with Nadiad Rural Police Station, District - Kheda on executing a personal bond of Rs.10,000/- (Rupees Ten 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;

[c] surrender passport, if any, to the lower court within a week;

NEUTRAL CITATION R/CR.A/1148/2026 ORDER DATED: 22/05/2026 undefined [d] not leave the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

[9] The authorities shall 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. 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.

[10] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

NEUTRAL CITATION R/CR.A/1148/2026 ORDER DATED: 22/05/2026 undefined [11] Rule is made absolute to the aforesaid extent. Direct service is permitted.

[12] Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

(NIRAL R. MEHTA,J) NIHAL PATEL Page 6 of 6 Uploaded by NIHAL PATEL(HC02355) on Fri May 22 2026 Downloaded on : Sat May 23 00:05:45 IST 2026