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High Court of Gujarat

PARMESHBHAI HAVAJIBHAI BARANDAversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Holding

The Court granted regular bail to the applicant, finding no justification for continued detention.

Summary

Parmeshbhai Havajivb... applied for successive regular bail under Section 483 of the BNSS after a charge‑sheet was filed for offences under IPC Sections 394, 397 and 114. He had been in custody since 23‑April‑2026 and claimed he played no vital role in the alleged robbery, stating he was a mason from Rajasthan and the looted car was found abandoned. The State opposed bail, arguing the nature of the accusation warranted continued detention. The Court examined the material, noted the absence of any prosecution ground to keep him in custody, his lack of prior similar offences, and the likelihood of his availability at trial. Consequently, the Court granted bail on a personal bond of Rs 10,000 with one surety, imposing standard conditions such as surrender of passport and restriction on leaving Gujarat.

Issues considered

  • Whether bail should be granted after the filing of a charge‑sheet for offences under IPC Sections 394, 397 and 114
  • Whether the applicant poses a risk of absconding, tampering with evidence, or influencing the investigation

Legislation cited

Subjects

bailregular bailcharge sheetIPCsection 394section 397section 114successive bailcriminal procedureGujarat

Judgment

        R/CR.MA/14683/2026                                ORDER DATED: 03/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
                 AFTER CHARGESHEET) NO. 14683 of 2026
     ==========================================================
                        PARMESHBHAI HAVAJIVBHAI BARANDA
                                     Versus
                               STATE OF GUJARAT
     ==========================================================
     Appearance:
     MR. TEJAS M. MEHTA(19123) for the Applicant(s) No. 1
     VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
     MR JK SHAH APP for the Respondent(s) No. 1
     ==========================================================

      CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                 Date : 03/07/2026

                                  ORAL ORDER

1.   Rule. Learned APP waives service of Rule on behalf of
     respondent State.

2.   The applicant, by way of this application filed under Section
     483 of the BNSS, seeks successive regular bail in connection
     with the FIR being C.R. No. 11192064210550 of 2021
     registered        with   Dholka      Rural      Police   Station,        Dist.
     Ahmedabad for the offences punishable under Sections 394,
     397 and 114 of the Indian Penal Code 1860.

3.   It is the submission of learned counsel for the applicant that
     he is suffering confinement since 23.04.2026. He further
     submitted that the applicant has not played any vital role in
     the alleged offence. Hence, further detention of the applicant
     is unwarranted.

4.   Learned APP has opposed the bail application contending
     that, considering the conduct of the applicant and nature of
     accusation, the discretion may not be exercised in favour of


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          R/CR.MA/14683/2026                             ORDER DATED: 03/07/2026




     the applicant.

5.   Having heard the learned counsel for the respective parties
     and upon perusal of the material placed on record, more
     particularly, role attributable to present applicant herein, it
     appears that applicant is belonged to State of Rajasthan and
     at the relevant point of time he was doing masonry work. The
     car alleged to have been looted by the applicant herein has
     been found in abandoned            condition. The charge-sheet has
     already been filed and no ground is made by the prosecution
     which suggests that the custody of the applicant is necessary.
     I deem it fit to grant bail to the applicant herein. Trial of the
     case is likely to take considerable time. He is easily available
     at the time of trial. He does not having any past antecedent of
     like nature. As such there is no likelihood of absconding or
     fleeing from justice. In such circumstances, keeping behind
     the applicant behind bar, would not serve any purpose.
     Hence, the bail application is allowed.

6.   Hence, the applicant is ordered to be released on regular bail
     in      connection        with    the      FIR    being       C.R.        No.
     11192064210550 of 2021 registered with Dholka Rural
     Police Station, Dist. Ahmedabad on executing a personal
     bond of Rs.10,000/- (Rupees Ten thousands only), with one
     surety of the like amount to the satisfaction of the learned
     Trial Court and subject to the conditions that he shall:


                 No.                            Conditions
                  (a)          not take undue advantage of liberty or
                               misuse liberty;



                                       Page 2 of 3
            R/CR.MA/14683/2026                                                            ORDER DATED: 03/07/2026




                      (b)                 not act in a manner injuries to the
                                          interest of the prosecution;

                      (c)                 surrender passport, if any, to the lower
                                          court within a week;

                      (d)                  not leave territory of State of Gujarat
                                           without prior permission of the
                                           Sessions Judge concerned; till the
                                           conclusion of trial.

                       (e)                furnish latest address of residence to
                                          the Investigating Officer and also to the
                                          Court at the time of execution of the
                                          bond and shall not change the
                                          residence without prior permission of
                                          the trial Court;


7.   The authorities shall release the applicant if he is not required
     in connection with the any other offence. If breach of any
     above condition is committed, the Sessions Judge concerned
     shall take appropriate action or issue warrant against the
     applicant. The bail bond to be executed before the learned
     trial Court having jurisdiction to try the case. It will be open
     for the sessions judge concerned to delete, modify and/or
     relax any of the above conditions, in accordance with law.
     Nothing             stated           hereinabove,                 shall         tantamount                to       the
     expression of any opinion on the merits of this case. Rule is
     made           absolute            to      the       aforesaid            extent.          Direct          service
     permitted.

                                                                                                (ILESH J. VORA,J)
     MISHRA AMIT V.
     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 03/07/2026 17:22:22




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