RAMESHBHAI POPATBHAI SOLANKIversusSTATE OF GUJARAT

   R/CR.MA/14495/2026                             ORDER DATED: 30/06/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 14495 of 2026
==========================================================
                 RAMESHBHAI POPATBHAI SOLANKI & ANR.
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1,2
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 30/06/2026

                                ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-
State.

[2.0] The present application is filed under Section 483 of the
Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for regular
bail in connection with FIR being C.R. No.11205022260157 of 2026
registered with Khawada Police Station, Kachchh West-Bhuj for the
offences punishable under Sections 108, 115(2), 85 and 54 of the BNS.


[3.0] Learned advocate appearing on behalf of the applicants submits
that applicants are innocent and have been falsely implicated in the
offence. He therefore submits that, considering the nature of the
offence, the applicants may be enlarged on regular bail by imposing
suitable conditions.


[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that the present
applicants are involved in the offence and marriage span is only one
year. Hence, he has requested to dismiss the present application for
regular bail looking to the nature and gravity of the offence.


                                Page 1 of 4
   R/CR.MA/14495/2026                                        ORDER DATED: 30/06/2026




[5.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged offence, the jurisdiction to grant bail has
to be exercised on the basis of the well settled principles having
regard to the facts and circumstances of each case and the following
factors are to be taken into consideration while considering an
application for bail: (i) the nature of accusation and the severity of the
punishment and the nature of the materials relied upon by the
prosecution; (ii) reasonable apprehension of tampering with the
witnesses and threat to the complainant or the witnesses; (iii)
reasonable possibility of securing the presence of the accused at the
time of trial or the likelihood of his abscondence; (iv) character
behaviour and standing of the accused and the circumstances which
are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.


[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. In present
case, the investigation is over. Following aspects have been
considered:
     (1)       investigation is over & charge-sheet is filed ;
     (2)      None of the offence alleged is punishable with life sentence or
              death penalty ;
     (3)      applicants are behind the bars since 05.05.2026;
     (4)      Nothing is required to be recovered and discovered from the
              accused;
     (5)      The fact that the marriage span is one year;
     (6)      Perusing the materials, it appears that the allegations are general in
              nature;
     (7)      This Court has also considered the quantum of punishment, which is
              10 years.
     (8)      No past criminal antecedent is reported against the applicants;



                                      Page 2 of 4
   R/CR.MA/14495/2026                                     ORDER DATED: 30/06/2026




     (9)      The applicants are father-in-law and mother-in-law of the deceased;


[7.0] This Court has also taken into consideration the law laid down by
the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central
Bureau of Investigation reported in [2012]1 SCC 40 as well as in the
case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High
Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously,
the conclusion of trial will take time and keeping the accused behind
the bars is nothing but amounts to pre-trial conviction and therefore,
considering the celebrated principle of bail jurisprudence is that “bail
is a rule and jail is exception” as well as the concept of personal liberty
guaranteed under Article 21 of the Constitution of India, present
application deserves consideration.


[8.0] In the facts and circumstances of the case and considering the
nature of the allegations made against the applicants in the FIR,
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 applicants on regular bail. Hence, the present application is
allowed. The applicants are ordered to be released on regular bail in
connection with FIR being C.R. No.11205022260157 of 2026
registered with Khawada Police Station, Kachchh West-Bhuj, on
executing a personal bond of Rs.25,000/- (Rupees Twenty-five
Thousand only) each with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
he/they shall;
     (a)    not take undue advantage of liberty or misuse liberty;
     (b)    not act in a manner injurious to the interest of the prosecution & shall
            not obstruct or hamper the police investigation and shall not to play
            mischief with the evidence collected or yet to be collected by the
            police;


                                     Page 3 of 4
      R/CR.MA/14495/2026                                                ORDER DATED: 30/06/2026




        (c)     surrender passport, if any, to the Trial Court within a week;
       (d)      not leave the State of Gujarat without prior permission of the Trial
                Court concerned;
       (e)      mark presence before the concerned Police Station once a month
                between 11.00 a.m. and 2.00 p.m., for six months;
       (f)      furnish the UIDAI Number, Contact Number/s, Passport Number (if
                he/they is/are having the passport),              E-mail address and present
                address of his residence to the Investigating Officer and also to the
                Court at the time of execution of the bond and shall not change the

                residence, SIM CARD without prior permission of Trial Court;


 [9.0] The authorities will release the applicants only if they are not
 required in connection with any other offence for the time being. If
 breach of any of the above conditions is committed, the Sessions
 Judge concerned will be free to issue warrant or take appropriate
 action in the matter.
 [10.0] 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.


 [11.0] At the trial, the trial Court shall not be influenced by the
 observations of preliminary nature qua the evidence at this stage
 made by this Court while enlarging the applicants on bail.
 [12.0] Rule is made absolute to the aforesaid extent. Direct service is
 permitted.



                                                                  (HASMUKH D. SUTHAR,J)
 KUMAR ALOK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2026 14:48:17




                                              Page 4 of 4