[Cites 4, Cited by 0]
Gujarat High Court
Prajapti Jigarkumar Kantilal vs State Of Gujarat on 11 May, 2026
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R/CR.MA/11441/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11441 of 2026
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PRAJAPTI JIGARKUMAR KANTILAL
Versus
STATE OF GUJARAT
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Appearance:
MR. SHIVAM N THAKKAR(10024) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 11/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
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,
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R/CR.MA/11441/2026 ORDER DATED: 11/05/2026
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2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. II-190/2019
registered with 'B' Division Patan City Police Station,
Patan, for the offence punishable under Sections 3 and 5
of the Immoral Traffic (Prevention) Act as well as Section
188 of IPC.
4. Learned advocate for the applicant would submit
that, the applicant was released on regular bail by the
Sessions Court, Patan vide order dated 07.08.2020
passed in Criminal Misc. Application No. 465 of 2020,
subject to conditions. However, the applicant could not
remain present before the court during the trial, hence
Non-Bailable Warrant was issued, pursuant to which he
came to be arrested. Learned advocate for the applicant
has submitted that, henceforth the applicant would
regularly remain present before the court and would file
an undertaking to that effect before the concerned court.
Thus, the present application may be allowed.
5. As against the same, learned Additional Public
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R/CR.MA/11441/2026 ORDER DATED: 11/05/2026
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Prosecutor appearing for the respondent - State has
vehemently objected to the grant of regular bail. Learned
APP has submitted that because of the applicant's
absence, the trial has protracted and the applicant having
committed breach of bail conditions, this Court may not
exercise discretion in favour of the applicant and the
application may be dismissed.
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 Patan,
hence would be available at the time of trial;
ii. The applicant was granted regular bail by the
Sessions Court, Patan vide order dated 07.08.2020
passed in Criminal Misc. Application No. 465 of 2020;
iii. As submitted by learned advocate for the applicant
under instructions, the applicant could not remain
present for the hearing of the case being Criminal Case
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No. 281 of 2020 on account of his work;
iv. The applicant does not have any criminal
antecedents.
7. 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.
8. In the facts and circumstances of the case and
considering the nature of the allegations made against
the applicants 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 applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No. II-
190/2019 registered with 'B' Division Patan City Police
Station, Patan, on executing a bail bond of Rs.25,000/-
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(Rupees Twenty Five Thousand only) with one surety of
the like amount to the satisfaction of the trial Court and
on payment of Rs.25,000/- towards costs to be deposited
with the District Legal Services Authority, Patan, 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 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 Trial 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;
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[f] mark his presence before the concerned police
station once a week till the trial is over;
[g] file an undertaking on oath before the concerned
trial court that, henceforth, he shall regularly remain
present in the court during the trial.
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
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preliminary nature, made at this stage only for the
purpose of enlarging the applicant on regular bail. The
application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
