[Cites 1, Cited by 0]
Gujarat High Court
Rahul S/O. Kailashbhai Popatbhai ... vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11518/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 11518 of 2026
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RAHUL S/O. KAILASHBHAI POPATBHAI DOBARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1
MR UMANG R VYAS(5595) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
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, 2023 for enlarging the
applicant on Regular Bail in connection with FIR being C.R. No.
11214023260192 of 2026 registered with Kadodara GIDC Police
Station, Surat Rural for the offence punishable under Sections
NEUTRAL CITATION
R/CR.MA/11518/2026 ORDER DATED: 13/05/2026
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303(2), 316(3), 317(4), 336(2), 336(3), 340(2), 61(2)(a) of the BNS,
2023.
4. Learned advocate for the applicant would submit that,
considering the role attributed to the applicant, and nature of
the allegation leveled, the applicant may be enlarged on regular
bail. It is further submitted that, since the charge-sheet is filed,
further incarceration of the applicant will not benefit the
Investigation Officer in any manner. 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 charge-sheet, 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 charge-sheet papers.
Following aspects are considered:-
NEUTRAL CITATION
R/CR.MA/11518/2026 ORDER DATED: 13/05/2026
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i. The applicant is a permanent resident of Junagadh district,
hence would be available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. The investigation has been over and charge-sheet has been
filed;
iv. As per the prosecution case, the applicant's father
Kailashbhai Dobariya who is also a co-accused, had rented a
premises from where he would contact drivers passing
through the highway, purchase chemicals from them at a
lower price and store the same in the said premises, and
thereafter, sell the stolen chemicals from such tankers to
other purchasers;
v. The apprehension of the learned APP, as regards the non-
availability of the applicant during the trial can be put to
rest by imposing stringent condition;
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.
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R/CR.MA/11518/2026 ORDER DATED: 13/05/2026
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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.
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. 11214023260192 of 2026 registered with Kadodara
GIDC Police Station, Surat Rural, on executing a bail 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;
[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 geographical limits of District Junagadh
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R/CR.MA/11518/2026 ORDER DATED: 13/05/2026
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without prior permission of the 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;
[f] mark presence on every Sunday before the concerned
police station, till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file an affidavit before the concerned court and
the police station.
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 at liberty to take appropriate
action in accordance with law.
10. 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
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in accordance with law.
11. 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.
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)
ANIRUDH OJHA
