[Cites 5, Cited by 0]
Gujarat High Court
Rakesh Ramesh Vasava vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/10033/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10033 of 2026
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RAKESH RAMESH VASAVA
Versus
STATE OF GUJARAT
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Appearance:
MR. BHAVIK P SHAH(6391) 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 : 12/05/2026
ORAL ORDER
1. Heard learned advocate Mr. Bhavik P. Shah appearing
on behalf of the applicant and learned Additional Public
Prosecutor Ms. Jirga Jhaveri 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. 11214042252200 of 2025
registered with Olpad Police Station, District Surat Rural
NEUTRAL CITATION
R/CR.MA/10033/2026 ORDER DATED: 12/05/2026
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for the offence punishable under Sections 143(2), 143(3)
and 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3, 4 and 5 of the Immoral Traffic (Prevention)
Act, 1956.
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 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 affidavit of the Investigating Officer,
this Court may not exercise the discretion in favour of
the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of
NEUTRAL CITATION
R/CR.MA/10033/2026 ORDER DATED: 12/05/2026
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the respective parties and perused the papers. Following
aspects are considered:-
i. Allegations being under the Immoral Traffic
(Prevention) Act and whereas the applicant being the
Manager of the Resort, where the said illegal activity
was going on.
ii. The allegation being that the applicant had rented out
few of the rooms in his Resort for the alleged illegal
activity and whereas, it would appear that the present
applicant who was managing the Resort, has also been
arraigned as an accused, and whereas, it would prima
facie appear that, the applicant as the manager may
have been responsible for renting out the rooms in
question;
iii. The fact of the applicant having been arrested on
10.04.2026 and there being no other offences/antecedents
against the present applicant of being involved in like
activity or any other illegal activity whatsoever.
iv. The other co-accused of the same FIR, Akshaybhai
Kanchanlal Bhandari who is the owner of Akshay Resort,
wherein illegal activities were carried on, is released on
regular bail by the co-ordinate bench of this court vide
order dated 15.01.2026 in Criminal Misc. Application
NEUTRAL CITATION
R/CR.MA/10033/2026 ORDER DATED: 12/05/2026
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No.830 of 2026.
v. Co-accused Akshay @ Goldi Athavale who was an
employee of the said resort has also been considered for
regular bail by the co-ordinate bench of this Court, vide
order passed in Criminal Misc. Application No.1015 of
2026 on 16.01.2026.
vi. Other co-accused namely, Naresh Pansuriya, Suresh
Rakholiya, Akshay Dhameliya, Surajsinh, Rahul Thakur,
Ravisinh and Sajjan Jha have been considered for
regular bail by the Sessions Court of Surat.
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.
7. 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.
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R/CR.MA/10033/2026 ORDER DATED: 12/05/2026
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8. 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.11214042252200 of 2025
with Olpad Police Station, District Surat Rural, on
executing a bond of Rs.50,000/- (Rupees Fifty 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;
[c] surrender passport, if any, to the lower court within
a week;
[d] not leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O.
and also to the Court at the time of execution of the
bond and shall not change the residence without prior
intimation to the I.O.;
[f] mark presence on every alternate days till the charge-
sheet is filed, and thereafter, once a week before the
concerned police station, till the trial is over.
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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 Court concerned will be free to
take appropriate action in the matter.
10. 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. At the stage of trial, the trial 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 considering the application of the applicant for
being released on regular bail.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
