[Cites 2, Cited by 0]
Gujarat High Court
Nishaben Takhatsinh Rathod vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9467/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9467 of 2026
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NISHABEN TAKHATSINH RATHOD & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1,2
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicants 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 applicants have filed this application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
NEUTRAL CITATION
R/CR.MA/9467/2026 ORDER DATED: 23/04/2026
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2023 for enlarging them on Regular Bail in connection
with FIR being C.R. No. 11209049260237 of 2026
registered with Talod Police Station, Sabarkantha, for the
offence punishable under Sections 109, 118(1), 115(2),
189(1), 189(2), 189(4), 191(2), 351(2) and 352 of the BNS
and Section 135 of the Gujarat Police Act.
4. Learned advocate for the applicants would submit
that, considering the role attributed to the applicants,
and nature of the allegation levelled, the applicants may
be enlarged on regular bail. It is further contended that,
the applicants are 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 applicants, this
Court may not exercise discretion in favour of the
NEUTRAL CITATION
R/CR.MA/9467/2026 ORDER DATED: 23/04/2026
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applicants 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 applicants are permanent residents of
Banaskantha, hence would be available at the time of
trial;
ii. The role attributed to the applicants is that of having
participated in the offence having given fist and kick
blows to the original complainant;
iii. The injured has been discharged from the hospital;
iv. The applicants do not have any criminal
antecedents;
v. The apprehension of learned APP, as regards the
applicants indulging in similar kind of offence, if
granted bail, can be put to rest by imposing stringent
conditions.
NEUTRAL CITATION
R/CR.MA/9467/2026 ORDER DATED: 23/04/2026
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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 applicants 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 applicants on regular bail.
8. Hence, the applicants are ordered to be released on
bail in connection with FIR being C.R. No.
11209049260237 of 2026 registered with Talod Police
Station, Sabarkantha, on their each 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 they shall;
NEUTRAL CITATION
R/CR.MA/9467/2026 ORDER DATED: 23/04/2026
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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, and if they do not possess a passport, they
shall file an affidavit to that effect;
[d] not leave State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of their residence to
the I.O. and also to the Court at the time of execution
of the bond along with documentary proof and shall
not change their residence without prior intimation to
the I.O. and the court;
[f] mark presence on every Monday before the
concerned police station for six months;
[g] not indulge in similar kind of offence hereinafter,
for which, they shall file affidavits before the
concerned court and the police station.
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R/CR.MA/9467/2026 ORDER DATED: 23/04/2026
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9. The Authorities will release the applicants only if
they are not required in connection with any other
offence for the time being. If breach of any of the above
conditions is committed, the Court concerned will be at
liberty to take appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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 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 applicants 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)
DIVYA
