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Gujarat High Court
Vijay @ Vagh Lakhmanbhai Bhoraniya vs State Of Gujarat on 24 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/20867/2025 ORDER DATED: 24/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 20867 of 2025
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VIJAY @ VAGH LAKHMANBHAI BHORANIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DASHARATHBHAI B CHAUHAN(13132) for the Applicant(s) No. 1
MR ABHIJEET J SINGH(12073) for the Respondent(s) No. 2
MR ADIYTA JADEJA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 24/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Munjal Acharya for the learned advocate
Mr. D.B. Chauhan appearing on behalf of the applicant and learned
Additional Public Prosecutor Mr. Aditya Jadeja appearing on behalf of the
respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant having been arraigned as an accused in C.R.
No.11190002230579 of 2023 registered with Botad Police Station, Dist.
Botad, and having arrested in connection with same, had been enlarged on
regular bail by the learned Special Court vide order dated 15.05.2023 in
Criminal Misc. Application No.232 of 2023 and whereas since the applicant
did not remain present during the trial, it appears that the learned Special
Court had issued a Non-Bailable Warrant and whereas upon the warrant
NEUTRAL CITATION
R/CR.MA/20867/2025 ORDER DATED: 24/03/2026
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being served upon the present applicant, the applicant having been arrested.
The applicant having approached the learned Special Court. The learned
Special Court having rejected the application, the applicant has approached
this Court by way of this application.
4. I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:-
(i) The fact of the applicant having been released in substantive
offence.
(ii) The the applicant being not the main accused.
(iii) The fact that the applicant being in custody since 19.07.2025.
(iv) The fact of the learned Advocate Mr. Acharya for the applicant
submitting that the applicant is voluntarily ready and willing to
deposit an amount of Rs.25,000/- (Rupees Twenty Five
Thousand Only) with the learned Trial Court, as a surety for the
applicant attending the trial regularly and whereas the amount
could be forfeited in case the present applicant may not attend
the trial without a reasonable cause.
5. 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.
6. 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.
NEUTRAL CITATION
R/CR.MA/20867/2025 ORDER DATED: 24/03/2026
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11190002230579 of 2023 registered with Botad Police Station, Dist. Botad,,
on depositing Rs.25,000/- (Rupees Twenty Five Thousand Only) as a pre-
condition of his release on bail with the learned Trial Court and on
executing a bond of Rs.10,000/- (Rupees Ten 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 shall not change the
residence without prior intimation to the I.O.;
(f) to attend the trial regularly.
(g) In case the applicant does not remain present in the trial without any
reasonable cause for two consecutive dates, more particularly without
any application for exemption, then it would be open for the learned trial
Court to appropriate the amount deposited. In case the present applicant
attends the trial regularly, irrespective of the final outcome, the amount
in question shall be returned back to the applicant.
7. 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.
NEUTRAL CITATION
R/CR.MA/20867/2025 ORDER DATED: 24/03/2026
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8. 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.
9. 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.
10. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
