[Cites 12, Cited by 0]
Gujarat High Court
Rushiraj @ Lalo @ Letest S/O ... vs State Of Gujarat on 13 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/2624/2025 ORDER DATED: 13/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2624 of 2025
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RUSHIRAJ @ LALO @ LETEST S/O RASHMIKANTBHAI TAKHATSINH
THAKOR PURABIYA DARBAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DENISH V MAVADHIYA(9207) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR TRUPESH KATHRIYA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 13/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Denish Mavadhiya appearing on
behalf of the appellant and learned Additional Public Prosecutor Mr.
Trupesh Kathiriya appearing on behalf of the respondent-State. Though
served, none appears on behalf of the respondent No.2 - complainant.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The appellant has filed this appeal under Section 14(1) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
for enlarging the appellant on Regular Bail in connection with FIR being
C.R. No. 11203023211183 of 2021 registered with 'A' Division Police
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R/CR.A/2624/2025 ORDER DATED: 13/03/2026
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Station, Junagadh, District Junagadh, for the offence punishable under
Sections 302, 102(B), 143, 147, 148, 149, 201 and 34 of the Indian Penal
Code, Section 135 of the Gujarat Police Act and Section 3(2)(5) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
and Section 135 of the Gujarat Police Act.
4. Learned advocate for the appellant would submit that considering
the role attributed to the appellant, and nature of the allegation levelled,
the appellant 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 appellant in jail for indefinite period. It is further contended
that the appellant 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 appellant as coming out from
the charge-sheet, this Court may not exercise the discretion in favour of
the appellant and the appeal may be dismissed.
6. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
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considered:-
i. The present application being considered on the ground of delay in
trial, more particularly it appears that the present applicant is in
custody since 04.06.2024 and whereas the trial is neither on the verge
of conclusion nor does it appear that the trial would conclude in the
near future.
ii. It would appear in this regard that the charge-sheet lists around 157
witnesses and whereas it would appear that a learned Co-ordinate
Bench vide an order dated 03.11.2025 had called the report from the
learned Trial Court as regards the status of the trial and whereas it
would appear that vide report dated 10.11.2025, the learned Trial
Court had informed that around 110 witnesses are yet to be examined
and whereas the learned Trial Court would require at least one year for
completing the trial.
iii. This Court has also considered the fact that a co-accused namely
Kamlesh @ Machar Sureshbhai @ Dulabhai Solanki had been
released on regular bail by a learned Co-ordinate Bench vide order
dated 14.10.2025 in Criminal Misc. Application No. 20730 of 2025,
more particularly it would appear that the role attributed to the present
applicant and the role attributed to the said accused being almost
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R/CR.A/2624/2025 ORDER DATED: 13/03/2026
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similar in nature, i.e. of assaulting the deceased with sharp edged
weapons.
iv. Considering such a situation, though the trial is in progress, yet, at
observed hereinabove, it may take substantial time for the trial to
conclude, this Court is inclined to consider the present application,
albeit with appropriate safeguards.
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 appellant 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 appellant on regular bail.
8. Hence, the present appeal is allowed. The appellant is ordered to be
released on bail in connection with FIR being C.R. No. 11203023211183
of 2021 registered with 'A' Division Police Station, Junagadh, District
Junagadh, 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;
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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;
[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] not enter District Junagadh till the trial is over, except for the
purpose of attending the trial.
[g] mark presence every fortnight at Dhoraji Police Station, District
Rajkot, till the trial is over.
[h] attend the trial regularly, and in case any failure to attend the trial
without reasonable cause, then it would be open for the learned Trial
Court to take appropriate steps in accordance with law.
9. The Authorities will release the appellant 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.
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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.
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 appeal of the appellant for
being released on regular bail.
12. The appeal is allowed in the aforesaid terms. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
