[Cites 3, Cited by 0]
Gujarat High Court
Amit Kumar Rameshbhai Chaudhari vs State Of Gujarat on 10 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4667/2026 ORDER DATED: 10/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4667 of 2026
==========================================================
AMIT KUMAR RAMESHBHAI CHAUDHARI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR NAVED MOHAMMAD A SHAIKH(12949) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Naved Shaikh for the applicant and
learned APP Mr. Hardik Mehta for the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. By way of this application, the applicant seeks to be released on
regular bail, more particularly the applicant having been arrested on account
of Non-bailable Warrant issued by the learned Sessions Court, since the
applicant did not attend the trial for substantial period, even after the
applicant was granted bail by the learned Sessions Court vide order dated
06.09.2021, in connection with FIR being C.R. No. 11188009210085/2021
registered with Modasa Town Police Station, District Aravalli, for the
offence punishable under Sections 406, 420 and 114 of the Indian Penal
Code.
NEUTRAL CITATION
R/CR.MA/4667/2026 ORDER DATED: 10/03/2026
undefined
4. It would appear that the applicant having been arraigned as accused
in connection with the aforesaid FIR, and the applicant having applied and
having been granted regular bail by the learned Sessions Court, had not
remained present before the learned Trial Court during the course of trial,
which had resulted in Non-bailable Warrant being issued against the present
applicant and later on, the applicant had been apprehended by the police.
The applicant thereafter sought for being released on regular bail, vide
Criminal Misc. Application No. 101 of 2026 and the same had been rejected
by the learned Sessions Court vide order dated 29.01.2026, hence the
applicant has approached this Court.
5. Having heard learned Advocates appearing on behalf of the
respective parties and having perused the papers, the following aspects have
been considered :
(i) The fact of the applicant having been granted bail in the substantive
offence.
(ii) The fact of the applicant being in custody since 16.01.2026.
(iii) The fact of the learned Advocate Mr. Shaikh for the applicant
submitting that the applicant is voluntarily ready and willing to deposit an
amount of Rs.50,000/- (Rupees Fifty 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.
6. Having regard to the above observations and discussion, this Court is
inclined to consider this application.
NEUTRAL CITATION
R/CR.MA/4667/2026 ORDER DATED: 10/03/2026
undefined
7. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with the FIR being C.R. No.
11188009210085/2021 registered with Modasa Town Police Station,
District Aravalli, 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] attend the trial regularly;
[b] upon being released on bail, the applicant shall within a period
of one week deposit amount of Rs. 50,000/- (Rupees Fifty
Thousand Only) with the learned Trial Court, which amount
shall stand as a surety.
[c] not remain absent on two consecutive dates without any
reasonable cause and without giving an application for
exemption, failing which, it would be open for the learned
Trial Court, in addition to other legal remedies available, forfeit
the amount deposited by the applicant and appropriate the
same as deemed fit and proper by the learned trial Court. In
case the applicant remains present all throughout the trial,
irrespective of the final decision of the trial, the said amount
shall be refunded back to the applicant.
[d] not take undue advantage of liberty or misuse liberty;
[e] not act in a manner injurious to the interest of the prosecution;
[f] surrender passport, if any, to the lower court within a week;
[g] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[h] 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
NEUTRAL CITATION
R/CR.MA/4667/2026 ORDER DATED: 10/03/2026
undefined
change the residential address without prior intimation to the
Investigating Officer.
8. 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.
9. 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.
10. 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.
11. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
