[Cites 7, Cited by 0]
Gujarat High Court
Bipin @ Vipin Ratnesh Tiwari vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/2165/2026 ORDER DATED: 17/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 2165 of 2026
==========================================================
BIPIN @ VIPIN RATNESH TIWARI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. VATSAL D. RUPAREL(14194) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor appearing on
behalf of the respondent-State. That though the notice in the
present application has been served upon the original
complainant, he has chosen not to remain present.
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 him
on Regular Bail in connection with FIR being C.R. No.
11196009230430 of 2023 registered with Jawaharnagar Police
NEUTRAL CITATION
R/CR.MA/2165/2026 ORDER DATED: 17/04/2026
undefined
Station, Vadodara for the offence punishable under Sections
363, 366, 376(2)(N) and 201 of IPC, and Sections 5(L) and 6 of
POCSO Act.
4. Learned advocate for the applicant would submit that, the
applicant came to be released on bail by the learned Sessions
Court vide order passed in CRMA No. 1698 of 2024 on
02.07.2024, however because of his non-appearance during the
trial of Special POCSO Case No. 9 of 2024 before the Special
POCSO Court at Vadodara NBW came to be issued against him
pursuant to which he was arrested. It is further submitted that,
the applicant henceforth will regularly remain present before
the concerned Special Court during the trial and is ready and
willing to abide all the conditions that may be imposed by this
Court, while releasing him on bail. Learned advocate for the
applicant has also submitted that, the applicant shall not leave
the State of Gujarat till the trial is over.
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, the
applicant had committed breach of the bail condition by not
NEUTRAL CITATION
R/CR.MA/2165/2026 ORDER DATED: 17/04/2026
undefined
remaining present before the concerned Special Court which has
resulted in the trial being protracted, hence 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
respective parties and perused the papers. Following aspects are
considered:-
i. The applicant though is a permanent resident of Uttar
Pradesh, he shall not leave the State of Gujarat, hence
would be available at the time of trial;
ii. The applicant was previously released on bail by the
learned Sessions Court, however came to be arrested by
virtue of non-bailable warrant issued against him;
iii. Learned advocate for the applicant having submitted that,
the applicant would file an undertaking before the
concerned Special Court that he would regularly remain
present during the trial.
NEUTRAL CITATION
R/CR.MA/2165/2026 ORDER DATED: 17/04/2026
undefined
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.
7. 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.
8. 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. 11196009230430 of 2023 registered with
Jawaharnagar Police Station, Vadodara, 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 they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
NEUTRAL CITATION
R/CR.MA/2165/2026 ORDER DATED: 17/04/2026
undefined
[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 State of Gujarat without prior permission of the
Trial 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 every Sunday before the concerned
police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file affidavit before the concerned court and
the police station.
[h] The applicant shall deposit the cost of Rs. 10,000/- before
the District Legal Services Authority, Vadodara prior to his
release from the jail.
[i] The applicant shall file an undertaking on oath before the
concerned police station as well as the concerned Special
NEUTRAL CITATION
R/CR.MA/2165/2026 ORDER DATED: 17/04/2026
undefined
Court that, henceforth he shall regularly remain present
before the Special court.
9. 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 Court concerned will be at liberty to take appropriate
action in accordance with law.
10. 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.
11. 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.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
