[Cites 1, Cited by 0]
Gujarat High Court
Vinodbhai Labhubhai Golani vs State Of Gujarat on 17 March, 2026
NEUTRAL CITATION
R/CR.MA/5866/2026 ORDER DATED: 17/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 5866 of 2026
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VINODBHAI LABHUBHAI GOLANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JIGAR L PATEL(11596) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 17/03/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
2. The present successive application is filed under Section
483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular
bail in connection with the FIR being No.11211045250640 of
2025 registered with the Sayla Police Station, Surendranagar
for the alleged offences as mentioned in the FIR.
3. Learned advocate appearing for the applicant has
submitted that the applicant-accused was arrested on
05.12.2025 and since then he is in jail. Learned advocate for
the applicant has also submitted that the investigation has
already been completed and charge-sheet has also been filed.
Learned advocate for the applicant has submitted that from
the papers of investigation, it appears that the only role
attributed to the present applicant is of aiding the victim girl to
reach to the main accused by picking her up from her house
NEUTRAL CITATION
R/CR.MA/5866/2026 ORDER DATED: 17/03/2026
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and then dropping her at a particular place to board a bus to
reach to the main accused, and except this, no any other overt
act is attributed to the present applicant. Moreover, the
present applicant is a young man having no past antecedents.
Under the circumstances, learned advocate for the applicant
prays that the applicant may be enlarged on bail on any
suitable terms and conditions.
4. The learned APP appearing on behalf of the respondent-
State has opposed grant of regular bail looking to the nature
and gravity of the offence. Learned APP has submitted that
considering the role attributed to the applicant-accused, this is
a fit case wherein discretionary power of this Court is not
required to be exercised in favour of the applicant-accused.
5. Learned advocate Mr. Munjal Acharya appearing for the
original complainant has also opposed the present bail
application and submitted that the offence committed by the
present applicant is quite serious in nature, and that too, under
the provisions of POCSO, and there is all likelihood of jumping
the bail, or aiding the main accused, who has yet not been
arrested, if the applicant is released on bail. He, therefore,
prays that the present application be rejected.
6. The learned advocates appearing on behalf of the
respective parties do not press for further reasoned order.
7. I have heard the learned advocates appearing on behalf
of the respective parties and perused the papers of the
investigation and considered the allegations levelled against
the applicant and the role played by the applicant. This Court
NEUTRAL CITATION
R/CR.MA/5866/2026 ORDER DATED: 17/03/2026
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has also considered the following aspects;
a) That the investigation has already been completed and
charge-sheet has also been filed;
b) That, the only role attributed to the applicant seems to
be of an abettor, who aided the girl to reach to the main
accused, by picking her up from his house and then dropping
at a particular place to board a bus, and except this, no any
other overt act is attributed to the present applicant;
c) That, the applicant is in jail since 05.12.2025;
d) That, the present applicant is a young man, having no
past antecedents;
8. This Court has also 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.
9. In the facts and circumstances of the case and
considering the nature of the allegations made against the
applicant in the FIR, 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.
10. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in
connection with the FIR being being No.11211045250640 of
2025 registered with the Sayla Police Station, Surendranagar,
on executing a personal bond of Rs.15,000/- (Rupees Fifteen
NEUTRAL CITATION
R/CR.MA/5866/2026 ORDER DATED: 17/03/2026
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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 injuries 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 Judge concerned;
[e] mark presence before the concerned Police Station
on alternate Monday of every English calendar
month for a period of six months between 11:00
a.m. and 2:00 p.m.;
[f] furnish the present address of residence to the
Investigating Officer and also to the Court at the
time of execution of the bond and shall not change
the residence without prior permission of this
Court;
11. 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 issue warrant or
take appropriate action in the matter.
12. 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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13. At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this
stage made by this Court while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
VAHID
