[Cites 1, Cited by 0]
Gujarat High Court
Ashokbhai Kanabhai Vaghela vs State Of Gujarat on 30 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7344/2026 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. 7344 of 2026
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ASHOKBHAI KANABHAI VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
MR. PREMAL RACHH for
MR MAHEK B. RAVAL(17804) for the Applicant(s) No. 1
MR JK SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 30/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Premal Rachh for learned
advocate Mr.Mahek Raval appearing on behalf of the applicant
and learned Additional Public Prosecutor Mr. J.K.Shah
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
NEUTRAL CITATION
R/CR.MA/7344/2026 ORDER DATED: 30/03/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11202014250965 of 2025 registered with Dhrol Police
Station, District: Jamnagar for the offence punishable under
Sections 108, 85, 54 of BNS Act.
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 no useful purpose would be served by keeping the
applicant in jail for indefinite period. 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 the discretion in favour of the
applicant and the application may be dismissed.
NEUTRAL CITATION
R/CR.MA/7344/2026 ORDER DATED: 30/03/2026
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6. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. Allegation being that the accused had incited - abetted
the deceased in committing suicide.
ii. The role attributed to the present applicant being the
husband of the deceased and the co-accused being father-in-
law and mother-in-law i.e. the parents of the present
applicant.
iii. Having observed as above, it would appear that while
there are allegations of harassment, in the FIR as well as in
the charge-sheet yet, the allegations are general in nature,
more particularly, with regard to household work and
whereas, there does not appear to be any allegation as
regards any monetary demands not being satisfied or with
regard to dowry or with regard to any other particular
issue.
iv. It would appear that the investigating officer, after
investigation having filed the charge-sheet, and whereas
while statements of witness would reflect that the deceased
may have been harassed by the accused, yet, there does not
appear to be any reason stated as to why the deceased was
being harassed by the accused.
NEUTRAL CITATION
R/CR.MA/7344/2026 ORDER DATED: 30/03/2026
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v. While it would appear that the marriage span is only for
three years, and whereas, there would be a presumption
against the present applicant as the husband yet, considering
the fact that neither the FIR nor the investigation papers
reveal any special role played by the present applicant
except the present applicant also allegedly harassed the
deceased, with regard to household work etc.,
vi. The fact that the applicant is in custody since 02.10.2026
and the charge-sheet having been filed and the applicant
not having any antecedent whatsoever, this Court is inclined
to grant bail.
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
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.
NEUTRAL CITATION
R/CR.MA/7344/2026 ORDER DATED: 30/03/2026
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8. 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. 11202014250965 of 2025 registered with
Dhrol Police Station, District: Jamnagar, 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] 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] mark presence once in a month for a period of one year
before the concerned police station.
9. The Authorities will release the applicant only if he is
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R/CR.MA/7344/2026 ORDER DATED: 30/03/2026
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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.
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 application of the applicant for being released
on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./35-DB
