Gujarat High Court
Bharatbhai Toyabhai Trikambhai Parmar vs State Of Gujarat on 9 September, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING
ORDER(PERTAINING TO BAIL)) NO. 11632 of 2025
=====================================================
BHARATBHAI TOYABHAI TRIKAMBHAI PARMAR & ANR.
Versus
STATE OF GUJARAT & ANR.
=====================================================
Appearance:
DHAIRYA J PATEL(10110) for the Applicant(s) No. 1,2
MR.ADITYA J PANDYA(6991) for the Applicant(s) No. 1,2
NIMIT Y SHUKLA(8338) for the Respondent(s) No. 2
MR RONAK RAVAL ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 09/09/2025
ORAL ORDER
1. Heard learned advocate Mr. Dhairya Patel
appearing for the petitioners, learned
Additional Public Prosecutor Mr. Ronak Raval
appearing for respondent No.1 - State, and
learned advocate Mr. Nimit Shukla appearing for
respondent No.2 - original complainant.
2. With the consent of the learned advocates
appearing for the respective parties, the matter
was taken up for final hearing. Hence, Rule.
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
undefined
Learned Additional Public Prosecutor appearing
for respondent - State, as well as the learned
advocate appearing for the complainant, waive
service of Rule on behalf of the respective
respondents.
3. By way of this petition, the applicants have
prayed for quashing and setting aside the
judgment dated 16.05.2025 passed by the learned
7th Additional Sessions Judge, Ahmedabad (Rural)
of 2025, whereby the bail granted in favour of
the present applicants was cancelled and they
were directed to surrender.
4. At the outset, learned advocate Mr. Dhairya
Patel submitted that the present applicants have
not surrendered as the petition was pending
before this Court, and therefore, the matter may
be taken up out of turn. Since learned advocate
Mr. Nimit Shukla and learned Additional Public
Prosecutor Mr. Ronak Raval did not object to the
said request, the matter was accordingly taken
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
undefined
up out of turn.
5. The short question involved in this petition is
that the present applicants are the accused in
respect of an FIR dated 04.11.2024 registered by
one Rameshbhai Chikabhai Parmar under Sections
109(1), 115(2), 329(3), 352, 351(3), and 54 of
the B.N.S., as well as under Section 135 of the
G.P. Act. Pursuant to the registration of the
aforesaid FIR, the present applicants were
arrested, and upon applying for bail, they were
granted bail vide order dated 18.11.2024 passed
in Criminal Misc. Application No. 3503 of 2024
by the learned 7th Additional Sessions Judge and
Special Atrocity Court, Ahmedabad.
6. While granting bail, the concerned Court imposed
certain conditions, and condition No. 5 thereof
is relevant for the present purpose, which reads
as under:
"(5) The applicants shall not enter within
territorial jurisdiction of Bhat village
for three months from the date of this
order."
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
undefined
7. It can be seen that condition No. 5 provides
that the applicants shall not enter the
territorial jurisdiction of Bhat village for a
period of three months from the date of the
order, i.e., 18.11.2024.
8. As the complainant alleged that the present
applicants had breached condition No. 5, he
preferred Criminal Misc. Application No. 409 of
2025 for cancellation of bail. Ultimately, upon
hearing the parties, the learned 7th Additional
Sessions Judge, Ahmedabad (Rural), vide order
dated 16.05.2025 in Criminal Misc. Application
No. 409 of 2025, cancelled the bail granted to
the present applicants, having found that they
had acted in breach of condition No. 5.
9. It is the aforesaid order that is under
challenge by way of this petition.
10. Learned advocate Mr. Dhairya Patel
submitted that the present applicants have
breached the aforesaid condition only once and,
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
undefined
upon instructions, stated that an undertaking
shall be filed to the effect that the present
applicants shall not enter the territorial
limits of village Bhat until 31.12.2025.
11. Learned Additional Public Prosecutor Mr.
Ronak Raval, appearing for the respondent -
State, though opposed to this application, and
likewise learned advocate Mr. Nimit Shukla,
appearing for the original complainant, were
informed by the present applicants that the
original order restraining them from entering
the territorial limits of village Bhat was for a
period of three months. The applicants further
undertook, on their own volition, that they
shall not enter the territorial limits of
village Bhat up to 31.12.2025, which is beyond
the original period of restraint, at the time
this order is being passed on 09.09.2025.
Learned advocate Mr. Nimit Shukla, appearing for
the original complainant, and learned Additional
Public Prosecutor Mr. Ronak Raval, appearing for
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
undefined
the respondent - State, submitted that, in that
case, this Court may quash the order as it
adequately addresses the situation envisaged by
the concerned Court while imposing the condition
restraining the present applicants from entering
the territorial limits of village Bhat for a
period of three months. Therefore, with the
consent of all interested parties, the impugned
order is required to be quashed, based on the
aforesaid submission of learned advocate Mr.
Dhairya Patel, appearing for the applicants.
Accordingly, the present applicants are directed
to file separate undertakings before this Court
as well as before the concerned Sessions Court
to the effect that they shall not, under any
circumstances, enter the territorial limits of
village Bhat until 31.12.2025. Such undertakings
are to be filed on or before 12.09.2025 before
both this Court and the Sessions Court, and only
upon filing of the same shall the present order
come into force.
NEUTRAL CITATION
R/CR.MA/11632/2025 ORDER DATED: 09/09/2025
undefined
12. Accordingly, the impugned order dated
16.05.2025 passed by the learned 7th Additional
Sessions Judge, Ahmedabad (Rural), at Exh. 8 in
Criminal Misc. Application No. 409 of 2025 is
hereby quashed and set aside on the condition
that the present applicants shall not enter the
territorial limits of village Bhat until
31.12.2025. In the meantime, they shall not
apply for modification or cancellation of the
aforesaid condition. The present petition is
allowed. Rule is made absolute to the aforesaid
extent.
(NIRZAR S. DESAI,J)
Pallavi
