[Cites 3, Cited by 0]
Gujarat High Court
Rahulbhai S/O Rameshbhai @Bhimjibhai ... vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
AFTER CHARGESHEET) NO. 10846 of 2026
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RAHULBHAI S/O RAMESHBHAI @BHIMJIBHAI
ZAPADIYA(NAME AS PER ORDER OF LD. SESIONS COURT)
Versus
STATE OF GUJARAT
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Appearance:
MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1
MR MOHITSINH A JADEJA(13111) for the Respondent(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 : 12/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicants 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
NEUTRAL CITATION
R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
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of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
them on Regular Bail in connection with FIR being C.R. No.
11211031250488 of 2025 registered with Limdi Police Station,
Surendranagar for the offence punishable under Sections 108,
80(2) of the BNS, 2023 and under Sections 3, 7 of the Dowry
Prohibition Act.
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, 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, this Court may not exercise discretion in
favour of the applicant and the application may be dismissed.
NEUTRAL CITATION
R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
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5.1 Learned advocate Mr. Mohitsinh Jadeja appears for the
original complainant. He has already filed his vakalatnama in
the Registry. Learned advocate for the original complainant
places on record the affidavit filed by the original complainant
Mr. Babubhai Mathurbhai Mer, and submits that, the dispute
between the applicant and the original complainant has been
amicably settled. The applicant is present before the Court and
has affirmed the averments made in the affidavit.
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 Surendranagar
hence would be available at the time of trial;
ii. The investigation being over, charge sheet has been filed;
iii. The applicant has no criminal antecedents;
iv. The original complainant Mr.Babubhai Mathurbhai Mer
NEUTRAL CITATION
R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
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has filed an affidavit, wherein, he has stated that, the
dispute between him and the Applicant has been resolved
and that, a settlement has been arrived at and, as such, he
has no objection if bail is granted to the applicant, who is
his son-in-law.
v. The original complainant is present before the court and
he has affirmed the facts of his affidavit;
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 applicants on regular bail.
NEUTRAL CITATION
R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
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9. Hence, the present application is allowed. The applicant
is ordered to be released on bail in connection with FIR being
C.R. No. 11211031250488 of 2025 registered with Limdi Police
Station, Surendranagar, on each executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with one
surety each 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;
[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 State of Gujarat without prior permission of
the Trial Court concerned;
[e] furnish the present address of their residence to the I.O.
and to the Court at the time of execution of the bond and
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R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
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shall not change his residence without prior intimation to
the I.O. and the court;
[f] mark his presence on every Sunday before the concerned
police station till the trial is over;
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. The application is
NEUTRAL CITATION
R/CR.MA/10846/2026 ORDER DATED: 12/05/2026
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allowed in the aforesaid terms. Rule is made absolute to the
aforesaid extent.
(UTKARSH THAKORBHAI DESAI, J)
PARMAR CHIRAG
