[Cites 3, Cited by 0]
Gujarat High Court
Prafulbhai Manubhai Solanki vs State Of Gujarat on 21 April, 2026
NEUTRAL CITATION
R/CR.MA/9206/2026 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9206 of 2026
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PRAFULBHAI MANUBHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) 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 : 21/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Kishan H. Daiya
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. 11210021260058 of
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R/CR.MA/9206/2026 ORDER DATED: 21/04/2026
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2026 registered with Katargam Police Station, District:
Surat for the offences punishable under Sections 103(1),
189(2), 189(4), 191(2), 191(3), 190, 238(A), 54 of Bhartiya
Nyaya Sanhita, 2023 and under 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,
since the charge-sheet is filed, further incarceration of
the applicant will not benefit the Investigation Officer in
any manner. 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 discretion in favour of the applicant and the
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R/CR.MA/9206/2026 ORDER DATED: 21/04/2026
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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 practicing advocate and a
permanent resident of Surat District, hence would be
available at the time of trial;
ii. The applicant has one criminal antecedent lodged
under Section 324 of the I.P.C.
iii. The investigation is completed and charge-sheet
has been filed.
iv. As per the prosecution case, the allegation against
the applicant is about he having tried to destroy the
DVR containing the CCTV footage of the incident in
question.
v. On perusing the statement u/s. 183 of the BNSS,
2023 of Mankesh Savjibhai Pipaliya who is one of the
prosecution witness, he has clearly stated that though
the DVR was removed from the Pan shop of the
applicant's brother Ashwin, it was thereafter taken to
prosecution witness Bhadreshbhai's house, from where,
NEUTRAL CITATION
R/CR.MA/9206/2026 ORDER DATED: 21/04/2026
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this prosecution witness Mankesh was asked to collect
the same and handover to the police saying that, the
said DVR was given to Mankesh by either Pallu or
Ajay.
vi. The said witness Mankesh in his statement under
Section 183 has also stated that, the police has visited
his home and had collected the DVR from him on
12.01.2026.
vii. The apprehension of the learned APP that,
the applicant would once again indulge in similar
or such offence, 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
NEUTRAL CITATION
R/CR.MA/9206/2026 ORDER DATED: 21/04/2026
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discretion and enlarge the applicant on regular bail.
9. Hence, the applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11210021260058 of 2026 with Katargam Police Station,
District: Surat, 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 to leave Surat District 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
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intimation to the I.O. and the court;
[f] mark his presence once a week for three months
before the concerned police station.
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file an affidavit before the
concerned court and the police station.
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
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
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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)
MAYA
