[Cites 1, Cited by 0]
Gujarat High Court
Rajendrabhai Manilal Solanki vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4265/2026 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. 4265 of 2026
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RAJENDRABHAI MANILAL SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR YASH K DAVE(10269) for the Applicant(s) No. 1
YASHKUMAR J TRIVEDI(9624) for the Applicant(s) No. 1
MR JAY MEHTA, APP 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.Dave appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr. 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 the
applicant on Regular Bail in connection with FIR being C.R. No.
11204067250399 of 2025 registered with Sevaliya Police
Station, District : Kheda, for the offence punishable under
Sections 319, 336(2), 336(3), 338, 340(2) and 61 of BNS.
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
NEUTRAL CITATION
R/CR.MA/4265/2026 ORDER DATED: 20/02/2026
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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. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The allegation that the applicant is a witness in the
sale deed, which had been fraudulently prepared; no
other allegations are levelled against the applicant,
and prima facie it would appear that the applicant
was not part of the original conspiracy;
ii. The fact of the applicant being in custody since
30.10.2025, and the charge-sheet having been filed by
the Investigating Officer;
iii. The fact of the applicant not having any antecedents;
NEUTRAL CITATION
R/CR.MA/4265/2026 ORDER DATED: 20/02/2026
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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 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.
9. 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. 11204067250399 of 2025 registered with Sevaliya
Police Station, District : Kheda, 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;
[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
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R/CR.MA/4265/2026 ORDER DATED: 20/02/2026
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shall not change the residence without prior intimation to the
I.O.;
[f] mark presence before concerned police station once a month
for a period of six months;
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 Court 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 applicant 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)
KUMAR ALOK
