[Cites 3, Cited by 0]
Gujarat High Court
Sureshbhai Nanubhai Ratadiya vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/11074/2026 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. 11074 of 2026
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SURESHBHAI NANUBHAI RATADIYA
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
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) RULE. Learned APP waives service of rule for the respondent-State.
2) The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for regular bail
in connection with FIR being C.R. No.11211015260123 of 2026
registered with Dhrangadhra Police Station, District -
Surendranagar, for the offences punishable under Sections
336(2), 336(3), 338, 340(2), 316(2), 318(4) and 61(2) of the
Bharatiya Nyaya Sanhita.
3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Substantial part of investigation is over. Co-accused are granted
bail by the coordinate Bench. He therefore submits that,
considering the nature of the offence, the applicants may be
enlarged on regular bail by imposing suitable conditions.
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R/CR.MA/11074/2026 ORDER DATED: 07/05/2026
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4) Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant
is involved in the present offence and committed serious offence.
Considering the conduct of the applicant, application does not
deserve any consideration.
5) 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) I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. The
allegations against the applicant is that the applicant got executed
registered Sale Deed in his favour on the strength of Power of
Attorney. It is further alleged that the Power of Attorney was in
NEUTRAL CITATION
R/CR.MA/11074/2026 ORDER DATED: 07/05/2026
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English language and in collusion and connivance with the co-
accused forged vouchers were created. If we perused the
allegations it appears that the Sale Deed is in Gujarati language
which came to be executed before the Sub-Registrar and the
complainant himself has executed the same so no Power of
Attorney is used while executing the same. Since the complainant
himself has executed the Sale Deed no question arises to use
Power of Attorney or question of English language is also not arises.
The co-accused of the applicant has been released on bail by the
coordinate Bench. Following aspects have been considered:
(1) Investigation is almost over;
(2) Applicant is behind the bar since 17.03.2026;
(3) There is nothing to be recovered or discovered from the
applicant;
7) 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
NEUTRAL CITATION
R/CR.MA/11074/2026 ORDER DATED: 07/05/2026
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under Article 21 of the Constitution of India, present application
deserves consideration.
8) In the facts and circumstances of the case and considering the
nature of the allegations made against the applicant 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 applicant on regular bail. Hence, the present application
is allowed. The applicant is ordered to be released on regular bail in
connection with FIR being C.R. No.11211015260123 of 2026
registered with Dhrangadhra Police Station, District -
Surendranagar on executing a personal 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 & 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 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
a week till filing of the chargesheet and after filing of the
chargesheet, mark presence before the concerned police
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station once in a month for a period of six months;
(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) if the applicant is found to be indulged in any illegal
activities in future, the trial Court concerned will be free to
issue warrant and cancel the bail granted to the applicant.
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 Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
10) Bail bond to be executed before lower Court having jurisdiction to
try the case. It will be open for concerned Court to delete, modify
and/or relax any of the above conditions, in accordance with law.
11) 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 applicant on bail.
12) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
