[Cites 2, Cited by 0]
Gujarat High Court
Ghughabhai Mavjibhai Jhakhvadiya vs State Of Gujarat on 2 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/1814/2026 ORDER DATED: 02/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 1814 of 2026
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GHUGHABHAI MAVJIBHAI JHAKHVADIYA
Versus
STATE OF GUJARAT
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Appearance:
MR AB GATESHANIYA(3766) for the Applicant(s) No. 1
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/02/2026
ORAL ORDER
1. Heard learned Advocate Mr. A.B. Gateshaniya on behalf of the
applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi on
behalf of the respondent-State .
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The present applicant who has been arraigned as accused has
preferred 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. 11211030250486 of 2025 registered
with Lakhtar Police Station, District: Surendranagar for the offence
punishable under Sections 118(2), 117(2), 115(1), 352, 351(2), 351(3), 54 of
the Bhartiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat Police Act
after filing of the charge sheet more particularly the application preferred by
the applicant having been rejected by the learned Trial Court.
NEUTRAL CITATION
R/CR.MA/1814/2026 ORDER DATED: 02/02/2026
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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 no useful purpose would be served by keeping the
applicant in jail for indefinite period. 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 the discretion in favour of the applicant
and the application may be dismissed.
6. This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The allegation being that the applicant and his son had
assaulted the complainant .
(ii) The fact of the serious injuries being attributed to co-accused
i.e accused no. 1, and accused no. 3 who is son of the present
applicant.
(iii) The fact of the present applicant being in custody since
NEUTRAL CITATION
R/CR.MA/1814/2026 ORDER DATED: 02/02/2026
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07.11.2025 and the charge-sheet having been laid by the Investigating
Officer.
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
applicants on regular bail.
9. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11211030250486
of 2025 registered with Lakhtar Police Station, District: Surendranagar
on executing a bond of Rs.10,000/- (Rupees Ten 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 passport, if any, to the lower court within a week;
[d] not to leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] Mark presence in the concerned Police Station once in a month
for a period of six months.
[f] except for marking presence at the concerned police
station shall not enter in Lakhtar Taluka for a period of six
NEUTRAL CITATION
R/CR.MA/1814/2026 ORDER DATED: 02/02/2026
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months from the date of his release.
[g] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
the residential address without prior intimation to the I.O.
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 Judge concerned will be
free to take appropriate action in the matter.
11. Bail bond to be executed before the lower 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 trial 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 considering the application of the applicants
for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
