[Cites 1, Cited by 0]
Gujarat High Court
Laxmanbhai Rukhadbhai Rathod (Name As ... vs State Of Gujarat on 30 March, 2026
NEUTRAL CITATION
R/CR.MA/7326/2026 ORDER DATED: 30/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7326 of 2026
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LAXMANBHAI RUKHADBHAI RATHOD (NAME AS PER SESSIONS COURT
ORDER)
Versus
STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MR KRUTIK PARIKH, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 30/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor 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.
11189003252092 of 2025 registered with A Division Morbi City
Police Station, Morbi, for the offence punishable under Sections
NEUTRAL CITATION
R/CR.MA/7326/2026 ORDER DATED: 30/03/2026
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316(5), 318(4), 61(2), 54, 317(2) of the 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,
further incarceration of the applicant will not benefit the
Investigation Officer in any manner. 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 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:-
NEUTRAL CITATION
R/CR.MA/7326/2026 ORDER DATED: 30/03/2026
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(i). The applicant is a permanent resident of District:Morbi,
hence would be available at the time of trial;
(ii). As of now, the applicant does not have any criminal
antecedents.
(iii). The applicant was friend of accused no.1- Bharat
Parshottambhai Barad.
(iv). It was the accused no.1-Bharat Parshottambhai Barad
who had deposited Rs.5,20,000/- in the bank account of
the applicant with the Citizen Co-operative Bank, Morbi
which was withdrawn by the applicant and handed over to
the main accused-Bharat Parshottambhai Barad, for which
the applicant received a commission of Rs.4,000/-.
(v). The Co-accused Sumit Govindbhai Chauhan whose
role is akin to that of the applicant has been considered
for regular bail vide order passed in Cr.Ma No.7236 of
2026 on 27.03.2026.
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.
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R/CR.MA/7326/2026 ORDER DATED: 30/03/2026
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7. 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.
8. Hence, the present application is allowed. The applicant is
ordered to be released on bail in connection with FIR being C.R.
No. 11189003252092 of 2025 registered with A Division Morbi
City Police Station, Morbi, on executing a bail 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, and if he does not possess a passport, he shall file
an affidavit to that effect;
[d] not leave the State of Gujarat without prior
NEUTRAL CITATION
R/CR.MA/7326/2026 ORDER DATED: 30/03/2026
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permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the I.O.
and also to the Court at the time of execution of the
bond and shall not change his residence without
prior intimation to the I.O. and the court;
[f] mark presence on every Monday before the concerned
police station for one year.
9. 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 at liberty to take appropriate
action in accordance with law.
10. Bail bond to be executed before the competent 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 enlarging the
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R/CR.MA/7326/2026 ORDER DATED: 30/03/2026
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applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
Vikramsinh Amarsinh
