[Cites 10, Cited by 0]
Gujarat High Court
Rajkumar Girdhari Uke vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4380/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4380 of 2026
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RAJKUMAR GIRDHARI UKE
Versus
STATE OF GUJARAT
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Appearance:
MR N P PANDYA(11241) for the Applicant(s) No. 1
MR JAY MEHTA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
ORAL ORDER
1. Heard learned advocate Mr.N.P.Pandya appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr. Jay Mehta 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
NEUTRAL CITATION
R/CR.MA/4380/2026 ORDER DATED: 20/02/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11210008231427 of 2023 registered with Sarthana
Police Station, Surat for the offence punishable under Sections
395, 397, 465, 468, 471 and 120(b) of the Indian Penal Code
and under Section 25(1)(a) of the Arms Act 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 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
NEUTRAL CITATION
R/CR.MA/4380/2026 ORDER DATED: 20/02/2026
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applicant 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. Allegation in the FIR being that the accused had
committed offence punishable under Sections 395, 397 etc. of
the IPC, more particularly, the applicant having conspired and
having attempted to commit robbery by stopping car, where
certain valuable goods were transported.
ii. The role attributed to the applicant is of having
threatened the persons in the vehicle which was being robed
with the gun.
iii. The fact of co-accused, who was part of the group
which had intercepted the car in question yet, not holding a
weapon as serious as a gun, having considered by learned Co-
ordinate Bench vide order dated 07.01.2025.
iv. The said consideration being on the aspect of the trial
being delayed, more particularly, the said applicant like the
present applicant being in custody since September, 2023 and
whereas at that time out of the 45 witnesses two were
examined whereas out of that 45 witnesses, two more
witnesses have been examined.
v. To this Court, it would appear that since this Court
is considering in releasing the applicant on the ground of delay
in trial, the role attributed to the applicant may pale into
insignificance.
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R/CR.MA/4380/2026 ORDER DATED: 20/02/2026
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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.
7. 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.
8. 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. 11210008231427 of 2023 registered with
Sarthana Police Station, Surat, on executing a 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;
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R/CR.MA/4380/2026 ORDER DATED: 20/02/2026
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[c] surrender passport, if any, to the lower court within a
week;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] 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 residence without prior intimation to
the I.O.;
[f] mark presence before the concerned police station once
every fortnight till the trial concludes.
9. 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 free to take appropriate
action in the matter.
10. 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.
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11. 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 applicant for being released
on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./29-DB
