High Court of Gujarat
DEVRAJBHAI VALJIBHAI GOHILversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The High Court granted regular bail to the applicant under Section 483 BNSS, subject to stringent conditions.
Summary
The applicant, previously released on regular bail, faced a non‑bailable warrant after failing to appear in a trial because he was arrested in another case and subsequently absconded. A bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita was filed, challenging the trial court’s rejection of his bail. The applicant now claims readiness to attend all court proceedings. The High Court examined the circumstances, including the applicant’s prior bail, the seriousness of the charges (IPC §§ 406, 376(2)(n), 504, 506(2)), and his willingness to comply with conditions. The Court allowed the bail application, directing the applicant to execute a personal bond of Rs. 25,000 with a surety and imposing strict conditions to ensure his presence and non‑interference with the investigation. The trial court was empowered to impose additional conditions or revoke bail if breached.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet and issuance of a non‑bailable warrant under Section 483 of the BNSS.
- Whether the applicant’s prior abscondence and current willingness to appear justify the grant of bail with conditions.
Legislation cited
Subjects
regular bailnon‑bailable warrantSection 483 BNSSabscondingbail conditionscriminal procedure
Judgment
R/CR.MA/15152/2026 ORDER DATED: 07/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 15152 of 2026
============================================
DEVRAJBHAI VALJIBHAI GOHIL
Versus
STATE OF GUJARAT
============================================
Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/07/2026
ORDER
1) RULE. Learned APP waives service of notice of Rule on behalf of
respondent – State of Gujarat.
2) By way of present Criminal Misc. Application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita (which shall
hereinafter be referred to as “BNSS”) challenging the order
dated 15.06.2026 passed by the learned 2nd Additional Sessions
Judge, Rajkot in Criminal Misc. Application No.1846 of 2026,
whereby the learned Judge has rejected the application filed by
the present applicant under Section 483 of the BNSS seeking
regular bail in connection with non bailable warrant issued
against the applicant.
3) Heard learned Advocate for the applicant and learned APP for the
respondent – State.
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R/CR.MA/15152/2026 ORDER DATED: 07/07/2026
4) Perusing the record it appears that the applicant was arrested in
connection with the FIR No.11208044230993 of 2023
registered with Pradhyuman Nagar Police Station, Rajkot
City for the offences punishable under Sections 406, 376(2)(n),
504 and 506(2) of the Indian Penal Code. In the said connection
the applicant was released on regular bail vide order dated
05.07.2024 in Criminal Misc. Application No.12544 of 2024, by
this Hon’ble Court. Thereafter, charge-sheet was filed which was
culminated into Sessions Case No.40 of 2024. Trial was
commenced and during the trial of the Sessions Case due to the
applicant was arrested in another offence, the applicant failed to
attend the Court proceeding of Sessions Case and therefore non
bailable warrant was issued against the applicant. Therefore, on
execution of the non bailable warrant the applicant came to be
arrested and hence he has filed bail application which came to
be dismissed by the learned Sessions Judge. Being aggrieved by
the same the applicant has filed the present bail application.
5) Furthermore, the present applicant remained absconded since
15.09.2025 and the trial was protracted. However, now the
learned Advocate for the applicant has submitted that the
applicant is ready and willing to attend the court proceedings
and now he will remain present during the trial. Therefore, in
view of above, with stringent conditions the present application
deserves consideration.
6) Hence, the present application is allowed. The applicant is
ordered to be released on regular bail on executing a personal
bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with
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R/CR.MA/15152/2026 ORDER DATED: 07/07/2026
one solvent surety to the satisfaction of the trial Court and
subject to the conditions that he shall;
(a) not leave the State of Gujarat without prior
permission of the trial Court concerned;
(b) during the pendency of the Sessions Case he
shall appear before the trial Court on each and
every date of hearing;
(c) furnish the 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 without prior
permission of Trial Court;
(d) 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;
7) The learned Sessions Judge will be at liberty to impose other
suitable conditions in order to secure presence of the applicant
during the trial.
8) The authorities shall release the applicant 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 Judge concerned will be free to issue warrant or 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
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R/CR.MA/15152/2026 ORDER DATED: 07/07/2026
Court to delete, modify and/or relax any of the above conditions,
in accordance with law.
10) 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 applicant on bail.
11) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 07/07/2026 14:59:12
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