NAAGDAAN KHENGABHAI MAKWANA (AS PER ORDER), NAAGDAAN AHIR (AS PER FIR)versusSTATE OF GUJARAT

       R/CR.A/103/2026                           ORDER DATED: 20/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
                        103 of 2026

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NAAGDAAN KHENGABHAI MAKWANA (AS PER ORDER), AAGDAAN AHIR
                      (AS PER FIR)
                         Versus
                STATE OF GUJARAT & ANR.
==========================================================
Appearance:
M S PADALIYA(7406) for the Appellant(s) No. 1
NOTICE SERVED BY DS for the Opponent(s)/Respondent(s) No. 2
MR ADITYA JADEJA, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 20/03/2026
                             ORAL ORDER


1.      Heard learned Advocate Mr. M.S. Padaliya appearing on behalf of
the appellant and learned Additional Public Prosecutor Mr. Aditya Jadeja
appearing on behalf of the respondent-State. Though served, none
appears on behalf of the respondent No.2 – original complainant.


2.      Rule. Learned APP waives service of rule on behalf of the
respondent-State.


3.      The appellant has filed this appeal under Section 14(1) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the appellant on Regular Bail in connection with FIR
being C.R. No. 11185001250571 of 2025 registered with Bhanvad Police
Station, District Devbhoomi Dwarka, for the offence punishable under
Sections 351(2), 352, 196(1)(b) of the Bharatiya Nyaya Sanhita, 2023 and


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       R/CR.A/103/2026                             ORDER DATED: 20/03/2026




Sections 3(1)(r), 3(1)(u) and 3(2)(v-a) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and
Section 135 of the Gujarat Police Act, more particularly the appellant has
been arrested on account of Non-bailable Warrant issued by the learned
Sessions Court, since the appellant did not attend the trial for substantial
period.


4.      It would appear that the appellant having been arraigned as accused
in connection with the aforesaid FIR, and having not been arrested, more
particularly since the offence alleged where punishment that could be
imposed was below seven years and whereas the appellant, not attending
the trial regularly, the learned Trial Court having issued a Non-bailable
Warrant and the appellant having been arrested on 16.12.2025, the
appellant having approached the learned Trial Court, and the learned
Trial Court not having enlarged the appellant, the appellant has
approached this Court.



5.      Having heard learned Advocates appearing on behalf of the
respective parties and having perused the papers, the following aspects
have been considered :



(i)     The fact of the present appellant not being arrested in the
substantive offence.

(ii)    The fact of the appellant being in custody since 16.12.2025 in the
present case.



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        R/CR.A/103/2026                               ORDER DATED: 20/03/2026




(iii)    The submission of learned Advocate for the appellant that the
appellant has not remained present on account of circumstances beyond
his control.


(iv)     The fact of the learned Advocate for the appellant submitting that
the appellant is voluntarily ready and willing to deposit an amount of
Rs.50,000/- (Rupees Fifty Thousand Only) with the learned Trial Court,
as a surety for the appellant attending the trial regularly, and whereas the
amount could be forfeited in case the present appellant may not attend the
trial without a reasonable cause.

6.       Having regard to the above observations and discussion, this Court
is inclined to consider this application.

7.        Hence, the present appeal is allowed. The appellant is ordered to
be released on bail in connection with FIR being C.R. No.
11185001250571 of 2025 registered with Bhanvad Police Station,
District Devbhoomi Dwarka, on executing a bond of Rs.10,000/- (Rupees
Ten 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]      attend the trial regularly;
         [b]      upon being released on bail, the appellant shall forthwith
                  deposit amount of Rs. 50,000/- (Rupees Fifty Thousand
                  Only) with the learned Trial Court, which amount shall stand
                  as a surety.
         [c]      not remain absent in the trial on two consecutive dates
                  without any reasonable cause and without giving an


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     R/CR.A/103/2026                                 ORDER DATED: 20/03/2026




               application for exemption, failing which, it would be open
               for the learned Trial Court, in addition to other legal
               remedies available, forfeit the amount deposited by the
               appellant and appropriate the same as deemed fit and proper
               by the learned trial Court. In case the appellant remains
               present all throughout the trial, irrespective of the final
               decision of the trial, the said amount shall be refunded back
               to the appellant.
      [d]      not take undue advantage of liberty or misuse liberty;
      [e]      not act in a manner injurious to the interest of the
               prosecution;
      [f]      surrender passport, if any, to the lower court within a week;
      [g]      not leave the State of Gujarat without prior permission of the
               Sessions Court concerned;
      [h]      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 residential address without prior intimation to
               the Investigating Officer.

8.    The Authorities will release the appellant 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.

9.      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.


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          R/CR.A/103/2026                                                           ORDER DATED: 20/03/2026




 10.        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 appellant
 for being released on regular bail.

 11.        The application is allowed in the aforesaid terms. Rule is made
 absolute to the aforesaid extent. Direct service is permitted.



                                                                                       (NIKHIL S. KARIEL,J)
 BDSONGARA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 20/03/2026 18:29:06




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