[Cites 3, Cited by 0]
Gujarat High Court
Rathod Harpalsinh Takhatsinh vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/11024/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11024 of 2026
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RATHOD HARPALSINH TAKHATSINH & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1,2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya
Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in
connection with FIR being C.R. No.11209049260237 of 2026 registered
with Talod Police Station, Sabarkantha, for the offence under Sections
109, 118(1), 115(2), 189(1), 189(2), 191(2), 352 and 351(2) of the BNS and
Section 135 of the GP Act.
[3.0] Learned advocate appearing on behalf of the applicants submits that
applicants are innocent and have been falsely implicated in the offence.
Substantial part of investigation is over. He therefore submits that,
considering the nature of the offence, the applicants may be enlarged on
regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicants were
involved in the offence. Therefore, present application does not deserve
consideration.
NEUTRAL CITATION
R/CR.MA/11024/2026 ORDER DATED: 07/05/2026
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[4.1] The learned APP has further submitted that considering the previous
enmity between the parties and the dispute regarding the right of way in a
small village, he raised an apprehension that, if the applicant is released on
bail, the possibility of tampering with evidence and breach of public
tranquility cannot be ruled out. Therefore, it is submitted that, if the
application is allowed, stringent conditions is required to be imposed.
[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1) substantial part of the investigation is over;
(2) applicants is behind the bar since 30.03.2026;
(3) There is nothing to be recovered or discovered from the applicants;
(4) The applicants having no past antecedents;
(5) Injured is out of danger and discharged from hospital;
(6) The allegations against the present applicants arose out of a
dispute regarding the passing of a tractor on a right of way, during
which a scuffle took place between the parties due to existing
NEUTRAL CITATION
R/CR.MA/11024/2026 ORDER DATED: 07/05/2026
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enmity between them. It is alleged that the son of accused No. 2 had
earlier been beaten by persons from the complainant's side, and
owing to this background, the alleged incident occurred. The
specific allegations against applicant No.1 are that he inflicted a
blow with a spade on the head of the complainant, whereas
applicant No. 2 is alleged to have assaulted the complainant by
giving kick and fist blows.
[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that "bail is a rule and jail is exception" as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicants in the FIR, 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 applicants on regular bail.
Hence, the present application is allowed. The applicants are ordered to be
released on regular bail in connection with FIR being C.R.
No.11209049260237 of 2026 registered with Talod Police Station,
Sabarkantha on executing a personal bond of Rs.25,000/- (Rupees Twenty-
five Thousand only) each with one local surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that they shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution &
NEUTRAL CITATION
R/CR.MA/11024/2026 ORDER DATED: 07/05/2026
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shall not obstruct or hamper the police investigation and shall
not to play mischief with the evidence collected or yet to be
collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not to leave State of Gujarat without prior permission of the Trial
Court concerned;
(e) mark presence before the concerned Police Station once in every
month for a period of six months between 11.00 a.m. and 2.00
p.m.;
(f) furnish the Aadhar card, email ID/present address of his
residence to the Investigating Officer and also to the Court at
the time of execution of the bond and shall not change the
residence/contact number without prior permission of Trial
Court;
(g) not enter into Mahelav Village, Ta : Talod for a period of six months
except for marking presence and / or attending the court
proceedings;
[9.0] The authorities will release the applicants only if they are not
required in connection with any other offence for the time being. If breach
of any of the above conditions is committed, the Sessions Judge concerned
will be free to issue warrant or take appropriate action in the matter.
[10.0] 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations
of preliminary nature qua the evidence at this stage made by this Court
while enlarging the applicants on bail.
NEUTRAL CITATION
R/CR.MA/11024/2026 ORDER DATED: 07/05/2026
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[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
