[Cites 1, Cited by 0]
Gujarat High Court
Ashvinbhai Lalabhai Solanki vs State Of Gujarat on 1 April, 2026
NEUTRAL CITATION
R/CR.MA/6537/2026 ORDER DATED: 01/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6537 of 2026
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ASHVINBHAI LALABHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR V B MALIK(5071) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 01/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Nabil Khan appearing on behalf
of learned advocate Mr. V. B. Malik for the applicant and learned
Additional Public Prosecutor Mr. Niraj Sharma 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 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
applicant on Regular Bail in connection with FIR being C.R.
NEUTRAL CITATION
R/CR.MA/6537/2026 ORDER DATED: 01/04/2026
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No.11211015260098 of 2026 registered with Dhrangadhra City
Police Station, District Surendranagar for the offence punishable
under Sections 309(6), 351(2), 351(3), 352, 324(2) and 54 of the
BNS, 2023 and under Section 135 of the G.P 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 contended 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.
6. I have heard learned advocates appearing on behalf of the
NEUTRAL CITATION
R/CR.MA/6537/2026 ORDER DATED: 01/04/2026
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respective parties and perused the papers. Following aspects are
considered:-
i. The applicant is a permanent resident of Surendranagar
district, hence would be available at the time of trial;
ii. The are no criminal antecedents against the applicant;
iii. Co-accused Vijaybhai Sureshbhai Vaghela, who had given
blows to the original complainant with an iron pipe has been
considered by the 3rd Additional Sessions Judge at Dhrangadhra
for regular bail vide order passed in Criminal Misc. Application
No.56 of 2026;
iv. The role attributed to the applicant in the crime is about the
being present with a bill-hook and along with co-accused Nilesh,
having looted Rs.50,000/- from the original complainant;
v. The amount of Rs.50,000/- has neither been discovered nor
recovered from the applicant;
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
NEUTRAL CITATION
R/CR.MA/6537/2026 ORDER DATED: 01/04/2026
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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 applicant 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 applicant on regular bail.
9. Hence, the present application is allowed. The applicant is
ordered to be released on bail in connection with F.I.R. registered
as C.R. No.11211015260098 of 2026 registered with Dhrangadhra
City Police Station, District Surendranagar, on executing a bail 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;
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R/CR.MA/6537/2026 ORDER DATED: 01/04/2026
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[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 the State of Gujarat without prior permission of the
Competent Court concerned;
[e] furnish the present address of his residence to the I.O. and to
the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and the
court;
[f] mark his presence on alternate day before the concerned
police station for three months and thereafter every Thursday till
the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which,
he shall file affidavits before the concerned court and the police
station.
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
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R/CR.MA/6537/2026 ORDER DATED: 01/04/2026
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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.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
