[Cites 2, Cited by 0]
Gujarat High Court
Ramjibhai Raghubhai Satiya vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.A/116/2026 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
116 of 2026
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RAMJIBHAI RAGHUBHAI SATIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR R D CHAUHAN(6865) for the Appellant(s) No. 1
NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER,
SERVICE REPORT NOT FILED BY POLICE STATION for the
Opponent(s)/Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 22/04/2026
ORAL ORDER
1. Heard learned advocate Mr. R. D. Chauhan
appearing on behalf of the Appellant 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 original complainant though was served with
the notice as mentioned by the father-in-law of the
applicant in his service affidavit dt. 28.01.2026, the
original complainant has chosen not to remain present.
NEUTRAL CITATION
R/CR.A/116/2026 ORDER DATED: 22/04/2026
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4. The applicant has filed this application under
Section 14(A) of Prevention of Atrocity Act for enlarging
the applicant on Regular Bail in connection with FIR
being C.R. No. 11211010250280 of 2025 registered with
Chuda Police Station, District: Surendranagar for the
offences punishable under Sections 310(2), 311, 115(2),
74, 75(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023,
under Section 135 of G.P. Act and u/s. 3(1)(r), 3(1)(s),
3(2)(v) of the Prevention of Atrocity Act.
5. 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.
6. As against the same, learned Additional Public
Prosecutor appearing for the respondent - State has
vehemently objected to the grant of regular bail. Learned
NEUTRAL CITATION
R/CR.A/116/2026 ORDER DATED: 22/04/2026
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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
application may be dismissed.
7. 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 District, hence would be available at
the time of trial;
ii. The applicant has one criminal antecedent.
iii. There are cross-complaints between the original
complainant and the accused persons.
iv. As per the prosecution case, the applicant is
alleged to have given a stick blow on the lower left
limb of the original complainant, and having caused
fracture to his wife, and having snatched away her
mobile phone.
v. The wife of the original complainant has been
discharged from the hospital.
NEUTRAL CITATION
R/CR.A/116/2026 ORDER DATED: 22/04/2026
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vi. 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.
vii. Though the original complainant has been served
and a service affidavit to that effect has been filed,
she has chosen not to remain present before this
Court.
8. 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.
9. 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.
10. Hence, the applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
NEUTRAL CITATION
R/CR.A/116/2026 ORDER DATED: 22/04/2026
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11211010250280 of 2025 registered with Chuda Police
Station, District: Surendranagar, on executing a bail bond
of Rs.25,000/- (Rupees Twenty Five Thousand only) with
two sureties 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 Surendranagar 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
intimation to the I.O. and the court;
[f] mark his presence every alternate day for one
month and thereafter, on every Sunday before the
concerned police station till the completion of the trial.
[g] not indulge in similar kind of offence hereinafter,
NEUTRAL CITATION
R/CR.A/116/2026 ORDER DATED: 22/04/2026
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for which, he shall file an affidavit before the
concerned court and the police station.
11. 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.
12. 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.
13. 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)
MAYA
