[Cites 14, Cited by 0]
Gujarat High Court
Rahulkumar Rajkumar Sinh (Mandal) vs State Of Gujarat on 17 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/2761/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR
BAIL - AFTER CHARGESHEET) NO. 2761 of 2026
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RAHULKUMAR RAJKUMAR SINH (MANDAL)
Versus
STATE OF GUJARAT
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Appearance:
MR FAIZAL F MEMAN(13147) for the Applicant(s) No. 1
MS KRINA CALLA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Faizal F. Meman
appearing for the applicant and learned Additional
Public Prosecutor Ms. Krina Calla appearing for the
respondent - State.
2. Rule. Learned APP waives service of rule on
behalf of the respondent - State.
3. By way of this Successive Regular Bail application
filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, the applicant seeks release
NEUTRAL CITATION
R/CR.MA/2761/2026 ORDER DATED: 17/04/2026
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on regular bail in connection with FIR being C.R.
No.11199004221457 of 2022 dated 04.08.2022 registered
with Ankleshwar 'A' Division Police Station, Bharuch
under Section 395, 397, 307, 342, 333, 353, 450, 452,
120(B), 412, 114 of Indian Penal Code, Section 25(1)
(A), 25(1-B)(A), 27(1) of Arms Act and Section 135 of
Gujarat Police Act.
4. Learned advocate for the applicant submitted
that, the applicant is not involved in commission of
offence as alleged in the FIR and therefore, looking
to the role of the applicant and nature of the
allegations, the applicant is required to be enlarged
on regular bail by imposing suitable terms and
conditions.
5. On the other hand, learned APP appearing for the
respondent - State vehemently submits that, the
offences, which have been charged, are serious in
nature affecting the society at large and looking to
the facts as well as the allegations made against the
applicant, no discretion would be required to be
exercised.
NEUTRAL CITATION
R/CR.MA/2761/2026 ORDER DATED: 17/04/2026
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6. In the facts and circumstances of the case and
considering the nature of allegations, this Court is
of the opinion that, discretion is required to be
exercised to enlarge the applicant on regular bail.
This Court has considered the following facts while
exercising discretion in favour of the applicant :-
(i) the applicant is in jail since 25.08.2022;
(ii) the investigation is over and the charge-
sheet is filed;
(iii)Despite the fact that the FIR was
registered on 04.08.2022 and the charge-
sheet was filed on 02.11.2022, till date
the charge has not been framed. Hence, as
the trial has not commenced, its completion
will take its own time.
(iv) Co-accused viz. Riteshkumar Navalkishor
Mandal has been enlarged on regular bail by
the Co-ordinate Bench vide order dated
08.12.2025 in Criminal Misc. Application
No. 22417 of 2025, and another co-accused
viz. Rohitkumar Rajkumar Sinh (Mandal) has
been enlarged on bail by the Co-ordinate
Bench of this Court vide order dated
15.01.2026 in Criminal Misc. Application
NEUTRAL CITATION
R/CR.MA/2761/2026 ORDER DATED: 17/04/2026
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No. 429 of 2026. Hence, on the ground of
parity, as the role of the present
applicant cannot be projected as graver
than that of the accused persons who have
already been enlarged on bail, the case of
the present applicant is considered for
bail.
7. In view of the aforesaid facts, without
discussing the evidence in detail, this Court,
prima facie, is of the opinion that, this is a
fit case to exercise the discretion and enlarge
the applicant on regular bail. Hence, present
application is allowed and the applicant is
ordered to be released on regular bail in
connection with the FIR being C.R.
No.11199004221457 of 2022 dated 04.08.2022
registered with Ankleshwar 'A' Division Police
Station, Bharuch on executing personal bond of
Rs.10,000/- (Rupees Ten thousand only) with one
surety of the like amount to the satisfaction of
the learned Trial Court and subject to the
conditions that he shall;
(a) not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the fact of the case so as to
dissuade him from disclosing such facts to the
Court or any Police Officer or tamper with the
evidence.
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R/CR.MA/2761/2026 ORDER DATED: 17/04/2026
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(b) maintain law and order and not to indulge in
any criminal activities.
(c) furnish the documentary proof of complete,
correct and present address of residence to the
Investigating Officer and to the Trial Court at
the time of executing the bond and shall not
change the residence without prior permission of
the trial Court.
(d) provide contact numbers as well as the
contact numbers of the sureties before the Trial
Court. In case of change in such numbers inform
in writing immediately to the trial Court.
(e) mark presence before the concerned Police
Station once in a month between 11:00 a.m. and
2.00 pm.
(f) file an affidavit stating his immovable
properties whether self acquired or ancestral
with description, location and present value of
such properties before the Trial Court, if any.
(g) not leave the territory of State of Gujarat
without prior permission of the Trial Court
(h) surrender passport, if any, to the Trial
Court within a week. If the Applicant does not
possess passport, shall file an Affidavit to
that effect.
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R/CR.MA/2761/2026 ORDER DATED: 17/04/2026
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8. Bail bond to be executed before the Trial Court
having jurisdiction to try the case. It would be
open for the Trial Court concerned to give time
to furnish the solvency certificate if prayed
for.
9. If breach of any of the above conditions is
committed, the Trial Court concerned will be
free to issue warrant or take appropriate action
according to law. The Authorities will release
the Applicant forthwith only if the Applicant is
not required in connection with any other
offence for the time being.
10. At the trial, the concerned trial Court shall
not be influenced by the prima facie
observations made by this Court in the present
order. Rule is made absolute. Direct service
permitted.
(NIRZAR S. DESAI,J)
Pallavi
