[Cites 2, Cited by 0]
Gujarat High Court
Harsh Rajubhai Thakor vs State Of Gujarat on 15 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7263/2026 ORDER DATED: 15/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 7263 of 2026
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HARSH RAJUBHAI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MS SHREYA OJHA(14681) for the Applicant(s) No. 1
MS RHEA CHOKSHI(10808) for the Respondent(s) No. 1
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 15/04/2026
ORAL ORDER
1. The affidavit tendered by learned senior advocate Mr. Barot, is
ordered to be taken on record.
2. Heard learned advocate Mr. I.H. Syed appearing on behalf of
the applicant, learned Additional Public Prosecutor Mr. Trupesh
Kathiriya, appearing on behalf of the respondent-State and learned
Senior advocate Mr. Tejas Barot with learned advocate Ms. Rhea
Chokshi appearing for the original complainant.
3. Rule. Learned APP waives service of rule on behalf of the
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respondent-State.
4. 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. No.
11215037250630 of 2025 registered with Vidhyanagar Police Station,
Anand, for the offence punishable under Sections 189(2), 191(2),
193(3), 190, 109, 118(1), 115(2), 352, 351(3) and 324(4) of the BNS
Act.
5. 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.
6. 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
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R/CR.MA/7263/2026 ORDER DATED: 15/04/2026
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the nature of offence and the role attributed to the present
applicant, this Court may not exercise the discretion in favour of
the applicant and the application may be dismissed.
7. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. Allegation being that the accused, had assaulted the complainant
party, more particularly, it would appear that the incident
happened when the complainant party had an altercation with a
person residing in the same society over feeding the stray dogs and
the person residing in the society having called certain outsiders,
who had come and assaulted the complainant party.
ii. Allegation against the present applicant being that the applicant
upon being called by the other accused had reached the place and
had also indulged in the assault.
iii. While, it would appear that the present applicant may have
been the person who had inflicted the injury as corresponding to
Section 109 of the IPC Act, this Court has also considered the fact
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R/CR.MA/7263/2026 ORDER DATED: 15/04/2026
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that the applicant, is aged around 20 years and is in custody since
05.10.2025 and the charge-sheet is filed.
iv. It is also pointed out that there are two antecedents yet,
considering the fact that the applicant is in custody since almost
seven months, this Court is inclined to consider the application
albeit the apprehension raised by learned senior counsel Mr. Barot
could be allayed by imposing suitable conditions.
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 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
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as C.R. No. 11215037250630 of 2025 registered with Vidhyanagar
Police Station, Anand, on executing a bond of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that she
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;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
the residence without prior intimation to the I.O.;
[f] to mark his presence once a once a month for a period of six
months before the concerned police station;
[g] not to enter into the limits of Vidhyanagar Police Station for a
period of six months, except for marking his presence;
10. The Authorities will release the applicant only if she is not
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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 free to take appropriate action in the
matter.
11. 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.
12. At the stage of trial, the trial 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 considering the
application of the applicant for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
PD
