[Cites 1, Cited by 0]
Gujarat High Court
Hinaben Laxmanbhai Rathod vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.A/628/2026 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.
628 of 2026
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HINABEN LAXMANBHAI RATHOD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Appellant(s) No. 1
MR.SOAHAM JOSHI, APP for the Opponent(s)/Respondent(s) No. 1
SERVED BY AFFIX(N) for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 22/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf
of the respondent-State.
3. Learned advocate Mr.Chirag Bhrahmbhatt states
that he has instructions to appear on behalf of the
original complainant. He is permitted to file his
vakalatnama on behalf of the original complainant.
Registry to accept his vakalatnama.
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4. 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. 11189005251902 of
2025 registered with Morbi Taluka Police Station for the
offence punishable under Sections 103(1), 238 r/w 54 of
the BNS, 2023, Section 3(2)(v) of the Atrocities Act and
Section 135 of the GP 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
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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 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 aged 21 years and is a student;
ii. The applicant is the grand-daughter of the original
complainant and niece of the deceased;
iii. The applicant is a permanent resident of village
Ghanshyampura, Ta. Halvad, Dist. Morbi, hence would
be available at the time of trial;
iv. The applicant does not have any criminal
antecedents;
v. The allegation against the applicant is about she
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R/CR.A/628/2026 ORDER DATED: 22/04/2026
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having beaten the deceased with a wooden log;
vi. The original complainant-Kantaben w/o Gandubhai
Tikubhai Solanki, who happens to be the mother of the
deceased Laxmiben, and grand-mother of the
applicant, is present before the court. She has
affirmed the averments in the affidavit and has stated
that, she has no objection if bail is granted to the
applicant.
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.
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10. 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. 11189005251902 of
2025 registered with Morbi Taluka Police Station, 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 she shall;
[a] not take undue advantage of her liberty or misuse
liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender her passport, if any, to the trial court
within a week, and if she does not possess a passport,
she shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Trial Court concerned;
[e] furnish the present address of her residence to the
I.O. and to the Court at the time of execution of the
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bond and shall not change her residence without prior
intimation to the I.O. and the court;
[f] mark her presence on every Sunday before the
concerned police station for a period of three months;
11. The Authorities will release the applicant only if she
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
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made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
