[Cites 5, Cited by 0]
Gujarat High Court
Mukeshpuri Prempuri Goswami vs State Of Gujarat on 12 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6077/2026 ORDER DATED: 12/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6077 of 2026
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MUKESHPURI PREMPURI GOSWAMI
Versus
STATE OF GUJARAT
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Appearance:
MR ANIQ A KADRI(11256) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/03/2026
ORAL ORDER
1. Learned Advocate Mr. J.R. Rathod submits that he has instructions to
appear on behalf of the original complainant, who is present in the Court
and has instructed him to appear on her behalf. Learned Advocate Mr.
Rathod is permitted to file his Vakalatnama.
1.1 Heard learned advocate Mr. Aniq A. Kadri for the applicant, learned
APP Mr. Trupesh Kathiriya for the respondent-State and learned Advocate
Mr. Rathod for the original complainant.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. By way of this application, the applicant seeks to be released on
regular bail, more particularly the applicant having been arrested on account
of breach of the conditions imposed by the learned Sessions Court while
granting regular bail to the applicant, vide order dated 02.12.2023, in
NEUTRAL CITATION
R/CR.MA/6077/2026 ORDER DATED: 12/03/2026
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connection with FIR being C.R. No. 11216001230744/2023 registered with
Adalaj Police Station, District Gandhinagar, for the offence punishable
under Sections 313, 376(2)(n), 406, 504 and 506(1)of the Indian Penal Code.
4. It would appear that the applicant having been arraigned as accused
in connection with the aforesaid FIR, and the applicant having been granted
regular bail by the learned Sessions Court vide order dated 02.12.2023, and
the conditions of the said order inter alia required the applicant not to leave
India and to deposit his passport with the learned Trial Court, and whereas
since it appears that the applicant while he did not deposit the passport, had
left the country and travelled to Dubai, though he had remained present
before the learned Trial Court regularly, and though he had gone to deposit
his passport voluntarily, the learned Trial Court, having initiated proceedings
for violation of the conditions, the applicant was re-arrested on 20.02.2026
and his application for being enlarged on regular bail having been rejected,
the applicant has approached this Court.
5. Considering the submissions made by learned Advocates for the
respective parties and having perused the documents on record, it would
prima facie appear to this Court while the aspect with regard to violation of
the conditions is indisputable, yet, it appears that the present applicant, after
he had travelled abroad, approached the learned Trial Court for depositing
the passport. It also appear that the violation of the condition had occurred
only once and whereas this Court is inclined to consider the submission of
learned Advocate Mr. Kadari that the non-deposit of the passport was not
due to any malice but was on account of the lack of understanding on the
part of the applicant. It also appears that as of now, the present applicant
during the period of the bail, has not violated his liberty by engaging in any
NEUTRAL CITATION
R/CR.MA/6077/2026 ORDER DATED: 12/03/2026
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other offence.
5.1 While learned Advocate for the original complainant would try and
submit that the applicant has threatened the complainant etc. yet, as of now
there is nothing on record to substantiate the same and whereas to this
Court it would appear that in case the present applicant has committed any
breach of the provisions of law, it would be always open for the
complainant to approach the concerned authorities including the police
department and who are required to take appropriate action in accordance
with law.
6. Having regard to the fact that the applicant had already been released
in the substantive offence and since it appears that the violation of the
conditions was not deliberate, this Court is inclined to allow this application,
albeit with appropriate cost.
7. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with the FIR being C.R. No.
11216001230744/2023 registered with Adalaj Police Station, District
Gandhinagar, 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] deposit an amount of Rs. 50,000/- (Rupees Fifty Thousand
Only) as costs with the Gujarat High Court Legal Services
Authority within a period of one week, from the date of his
release.
[b] attend the trial regularly;
[c] not take undue advantage of liberty or misuse liberty;
NEUTRAL CITATION
R/CR.MA/6077/2026 ORDER DATED: 12/03/2026
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[d] not act in a manner injurious to the interest of the prosecution;
[e] surrender passport, if any, to the lower court within a week;
[f] not leave India without prior permission of the Sessions Court
concerned;
[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
Investigating Officer.
8. 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.
9. 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.
10. 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.
11. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
