[Cites 2, Cited by 0]
Gujarat High Court
Laljibhai Savjibhai Tundiya vs State Of Gujarat on 21 April, 2026
NEUTRAL CITATION
R/CR.MA/9190/2026 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9190 of 2026
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LALJIBHAI SAVJIBHAI TUNDIYA
Versus
STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 21/04/2026
ORAL ORDER
1. Heard learned advocate for the applicant and
learned Additional Public Prosecutor 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
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R/CR.MA/9190/2026 ORDER DATED: 21/04/2026
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Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11211031260073 of
2026 registered with Limbdi Police Station,
Surendranagar for the offence punishable under Sections
109(1), 115(2), 351(3) and 54 of BNS, 2023 and Section
135 of 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 submitted 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
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R/CR.MA/9190/2026 ORDER DATED: 21/04/2026
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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 respective parties and perused the papers.
Following aspects are considered:-
i. The applicant is a permanent resident of
Surendranagar, hence would be available at the time of
trial;
ii. As per the prosecution case, the applicant had
hurled a stone upon Jitendra Pravinbhai Rathod, who
had suffered injury;
iii. The said injured Jitendra Pravinbhai Rathod has
been discharged from the hospital on 07.03.2026;
iv. Though the applicant is shown to have two previous
antecedents, learned advocate for the applicant under
instructions has submitted that, he has been acquitted
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R/CR.MA/9190/2026 ORDER DATED: 21/04/2026
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in both the said offences;
v. The apprehension of learned APP, as regards the
applicant indulging in similar kind of offence, if
granted bail, can be put to rest by imposing stringent
conditions.
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 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 applicant is ordered to be released on
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bail in connection with F.I.R. registered as C.R. No.
11211031260073 of 2026 registered with Limbdi Police
Station, 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;
[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 till the trial is over,
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 together with documentary proof and shall not
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R/CR.MA/9190/2026 ORDER DATED: 21/04/2026
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change his residence without prior intimation to the
I.O. and the court;
[f] mark his presence at the concerned police station
every alternate day for a period of one month, and
thereafter, on every Sunday 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;
[h] not enter the geographical limits of Surendranagar
district till the trial is over except for the purpose of
marking presence and/or attending the trial.
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 Court concerned will be at
liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial court
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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. The
application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
