MITESHKUMAR @ MICHO SUBHASHBHAI PATELversusSTATE OF GUJARAT

     R/CR.A/916/2026                           ORDER DATED: 30/04/2026




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET)
                      NO. 916 of 2026
=====================================================
        MITESHKUMAR @ MOCHO SUBHASHBHAI PATEL
                            Versus
                 STATE OF GUJARAT & ANR.
=====================================================
Appearance:
DARSHIT R BRAHMBHATT(8011) for the Appellant(s) No. 1
MS. JYOTI BHATT, APP for the Opponent(s)/Respondent(s) No. 1
=====================================================
 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
         DESAI
                      Date : 30/04/2026
                        ORAL ORDER


1.    Heard learned advocate appearing on behalf of the Appellant

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 Appellant has filed this appeal under Section 14(A) of

Atrocities Act, 1989 for enlarging him on Regular Bail in connection

with FIR being C.R. No. 11214070260073 of 2026, registered with

Bardoli(Rural) Police Station, Surat(Rural) for the offence punishable

under Sections 115(2), 351(3), 127(2), 140(2), 189(2), 191(2),


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332(b), 333 r/w 190 of the BNS, 2023 and Sections 3(1)(R)(V-A),

3(2)(5) of the Atrocities Act, 1989.


4.     Learned advocate for the Appellant would submit that,

considering the role attributed to the Appellant, and nature of the

allegation levelled, the Appellant may be enlarged on regular bail.

It is further submitted that,       the Appellant 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 Appellant,

this Court may not exercise discretion in favour of the Appellant

and the appeal may be dismissed.


5.1    Mr. Chirag Bhrahmbhatt, learned advocate appears for the

original complainant.         He is permitted to file his vakalatnama in

the    Registry.        Mr. Chirag Bhrahmbhatt, learned advocate for the

original complainant places on record the affidavit filed by the

original     complainant      Mr.   Jaineshbhai   Hemantbhai      Thakorbhai


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Rathod, and submits that, the dispute between the Appellant and

the original complainant has been amicably settled.              The original

complainant is present in the court and has affirmed the contents of

his affidavit.


6.      I have heard learned advocates appearing on behalf of the

respective parties and perused the charge-sheet. Following aspects

are considered:-


     i. The Appellant is permanent resident of Surat District, hence

     would be available at the time of trial;


     ii. The Appellant does not have any criminal antecedents;


     iii. The    original   complainant     Mr.   Jaineshbhai     Hemantbhai

     Thakorbhai Rathod has filed an affidavit, wherein, he has stated

     that, the dispute between him and the Appellant has been

     amicably settled, and that, he does not object if bail is granted

     to the Appellant.


     iv. The original complainant      is present before the court and he

     has affirmed the facts of his affidavit;


     v. The injured has been discharged from the hospital.



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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 Appellant 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 Appellant on regular bail.


9.     Hence, the present appeal is allowed. The Appellant is

ordered to be released on bail, in connection with FIR being C.R.

No. 11214070260073 of 2026 registered with Bardoli(Rural) 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;




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      [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 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 his presence on every alternate Sunday before the

      concerned police station for two months;


      [g] not indulge in similar kind of offence hereinafter, for which,

      he shall file affidavits before the concerned court and the police

      station.


10.      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/special         Court     concerned      will   be    at    liberty    to      take




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   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 Appellant on regular bail. This appeal is allowed in

   the aforesaid terms. Rule is made absolute to the aforesaid extent.

   Direct service is permitted.


                                                           (UTKARSH THAKORBHAI DESAI, J)
   PARMAR CHIRAG


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR CHIRAG KANUBHAI(HC02371), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/05/2026 14:47:59




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