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High Court of Gujarat

BHAVESHBHAI BAVCHANDBHAI DAFDAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court exercised its discretion and granted temporary bail for one week on the condition of a Rs.10,000 personal bond.

Summary

The applicant, Bhaveshbhai Bavchandbhai DAFDA, filed a temporary bail application citing the need for financial assistance and the illness of his father. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court examined the applicant's averments and the jail remarks, and considered its discretion under bail law. It found merit in the applicant's grounds and decided to exercise its discretion in his favour. Consequently, the Court granted temporary bail for a period of one week, subject to a personal bond of Rs.10,000 and the usual terms and conditions. The applicant must surrender to the jail authority at the expiry of the bail period.

Issues considered

  • Whether temporary bail can be granted on the grounds of financial assistance and the applicant's father's illness
  • Whether the waiver of service of notice by the Additional Public Prosecutor affects the grant of bail
  • Whether the court's discretion under the bail provisions permits the issuance of a one‑week temporary bail

Subjects

temporary bailfinancial assistancefather's illnesswaiver of noticecourt discretionbail bond

Judgment

      R/CR.MA/13030/2026                                         ORDER DATED: 12/06/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 13030
                           of 2026

==========================================================
                      BHAVESHBHAI BAVCHANDBHAI DAFDA
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 12/06/2026

                                     ORAL ORDER


1.       Present       application     has      been     filed    by     the       applicant

seeking temporary bail on the ground of financial assistance

and ailment of father.



2.       Rule.         Learned      Additional         Public    Prosecutor          waives

service of notice of rule on behalf of the respondent – State.



3.       Having heard and considering the averments made in

the     application,       more      particularly,       the     ground        mentioned

therein, as well as considering the jail remarks, this Court is

inclined       to     exercise     discretion     in     favour     of       the    present

applicant.



4.       The        application,    therefore,         succeeds        and     is     partly



                                        Page 1 of 2
           R/CR.MA/13030/2026                                                                  ORDER DATED: 12/06/2026




    allowed. The applicant is ordered to be released on temporary

    bail for a period of one week from the date of his/her actual

    release on furnishing a personal bond of Rs.10,000/- (Rupees

    Ten         Thousand)                to      the       satisfaction               of      the       concerned               jail

    authority on usual terms and conditions, with a direction

    that the applicant shall surrender to the jail authority on

    expiry of the temporary bail period forthwith.



    4.1        Rule is made absolute accordingly.                                                 Direct service is

    permitted.

                                                                                           (SANJEEV J.THAKER,J)
    SRILATHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2026 14:28:09




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