[Cites 12, Cited by 0]
Gujarat High Court
Thakor Vishnuji Hiraji vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.MA/8210/2026 ORDER DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8210 of 2026
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THAKOR VISHNUJI HIRAJI
Versus
STATE OF GUJARAT
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Appearance:
MR NITINBHAI M DESAI(13406) for the Applicant(s) No. 1
MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 05/05/2026
ORAL ORDER
1. Heard learned advocate Mr. K. R. Chaudhari appearing on
behalf of the applicant and learned Additional Public Prosecutor Mr.
Soaham Joshi 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.08/2025-2026 registered with Dharoi Range Police Station,
NEUTRAL CITATION
R/CR.MA/8210/2026 ORDER DATED: 05/05/2026
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District Mahesana for the offence punishable under Sections 2(16),
2(35), 2(36), 9, 39, 50, 51(1), 52, 55 and 59 of the Wild Life
Protection Act, 1972.
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.
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R/CR.MA/8210/2026 ORDER DATED: 05/05/2026
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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. The applicant is a permanent resident of Mahesana district,
hence would be available at the time of trial;
ii. The investigation being over and chargesheet has been filed;
iii. There is one antecedent against the applicant under the
Prohibition Act;
iv. As per the prosecution case, the applicant and co-accused
Thakor Pratapji Bhikhaji were caught red handed with the
contraband porcupine meat pieces, weighing scales, axe, knife
and a piece of wood;
v. As mentioned in the FIR, it was the co-accused Thakor
Pratapji Bhikhaji, who had hunted the porcupine and, the
applicant was having electric weighing scales, hence, the said co-
accused Pratapji had gone to the applicant's house;
7. This Court has taken into consideration the law laid down by
NEUTRAL CITATION
R/CR.MA/8210/2026 ORDER DATED: 05/05/2026
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the Hon'ble Apex Court in the case of Sanjay Chandra v. Central
Bureau of Investigation reported in [2012] 1 SCC 40.
8. 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.
9. 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.08/2025-2026 registered with Dharoi Range Police
Station, District Mahesana, 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;
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[c] surrender his passport, if any, to the trial 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 permission of the
Competent Court concerned;
[e] furnish the present address of his residence to the I.O. and 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 his presence on every alternate days for one month and
thereafter, on every Sunday before the concerned police station
till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which,
he shall file affidavits before the concerned court and the police
station;
[h] not to enter within the local limits of Mahesana district,
except for the purpose of marking his presence and attending the
trial before the Competent Court, till the trial is over;
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10. 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.
11. Bail bond to be executed before the trial 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.
12. At the stage of trial, the competent 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 applicant on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
