Citation : 2026 Latest Caselaw 2477 Guj
Judgement Date : 20 April, 2026
NEUTRAL CITATION
R/CR.MA/312/2026 ORDER DATED: 20/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 312 of 2026
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SURESHBHAI KASHINATH VANJARA
Versus
STATE OF GUJARAT
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Appearance:
MR ADIL R MIRZA(2488) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 20/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Adil R. Mirza appearing
on behalf of the applicant and learned Additional Public
Prosecutor Mr. Soaham Joshi 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. No. 7/2025-26 registered
with Valsad Range Forest Police Station, District: Valsad
NEUTRAL CITATION
R/CR.MA/312/2026 ORDER DATED: 20/04/2026
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for the offences punishable under Sections 2(1)(2)(11)(15)
(16)(31)(36), 9, 39(3), 44(1)(A), 50, 51, 52, 55 and 57 of
the Wild Life (Protection) Act, 1972.
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 submitted that
since the charge-sheet is filed no useful purpose would
be served by keeping the applicant in jail for indefinite
period. 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 as
coming out from the charge-sheet, this Court may not
exercise the discretion in favour of the applicant and the
application may be dismissed.
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R/CR.MA/312/2026 ORDER DATED: 20/04/2026
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6. I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
i. The applicant is a permanent resident of Valsad
District, hence would be available at the time of
trial;
ii. The applicant does not have criminal antecedents;
iii. As per the FIR, the Forest Officer had
conducted raid in the house of co-accused Ajaybhai
Mandabhai Patel from wherein, Leopard skin and
paws were recovered, and upon inquiring from him,
he had revealed that the same was brought from
the present applicant, who in turn had submitted
that, he had brought the same from his relative
named Sitaram.
iv. Co-accused Ajaybhai Mandabhai Patel has been
considered for regular bail vide order dated
30.03.2026 in CR.M.A. No. 526 of 2026.
v. The apprehension of the learned APP that,
the applicant would once again indulge in such or
similar offence can be put to rest by imposing
stringent conditions.
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R/CR.MA/312/2026 ORDER DATED: 20/04/2026
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vi. The investigation is completed. Charge-sheet
have been filed.
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. 7/2025-26 registered
with Valsad Range Forest Police Station, District: Valsad,
on executing a 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;
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R/CR.MA/312/2026 ORDER DATED: 20/04/2026
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[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] mark presence once a week for one year before the
concerned police station.
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 against the applicant.
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R/CR.MA/312/2026 ORDER DATED: 20/04/2026
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10. 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.
11. 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.
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) MAYA
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