HIRABHAI RAHABHAI BORICHAversusSTATE OF GUJARAT

    R/CR.MA/18340/2026                                ORDER DATED: 07/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 18340 of 2026
==========================================================
                         HIRABHAI RAHABHAI BORICHA
                                    Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 07/08/2026

                                    ORDER

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

[2.0] The present application is "led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11208050260199 of 2026 registered
with Rajkot A Division Police Station, Rajkot City for the o1ences under
Sections 140(4), 308(5), 308(7), 115(2), 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita and Section 135(1) of the GP Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the o1ence.
Investigation is over and chargesheet has been "led. Nothing is required to
be recovered or discovered. The applicant has no past antecedent. Co-
accused are granted bail by this Court and on the ground of parity also,
applicant may be enlarged on bail. He therefore submits that, considering
the nature of the o1ence, the applicant 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 requested to dismiss the present application for
regular bail on the ground that the applicant is very much involved in the
present o1ence and considering the gravity of o1ence, no case is made out


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   R/CR.MA/18340/2026                                  ORDER DATED: 07/08/2026




to entertain present bail application. Therefore, present application does
not deserve consideration.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged o1ence, 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. Following aspects
have been considered:
      (1)     Investigation is over and charge-sheet is "led;
      (2)     Applicant is behind the bar since 16.03.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicant;
      (4)     None of the o1ence alleged is punishable with life      sentence
              or death penalty ;
      (5)     No past antecedent;
      (6)     Co-accused having similarly situated role are enlarged on
              regular bail and therefore, on the ground of parity also
              (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported
              in 2011 (3) GLR 1999), present application deserves
              consideration.



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    R/CR.MA/18340/2026                                         ORDER DATED: 07/08/2026




       (7)     Obviously commencement and conclusion of trial will take
               its own time.
       (8)     The allegation against the present applicant is that he is one of
               the conspirators along with the co-accused, who, under the
               pretext of committing the o1ence of rape, extorted money. It
               is alleged that they initially demanded Rs.40 lakh and
               thereafter received Rs.12 lakh through RTGS, and out of the
               said      amount,      the      co-accused   Payal   Bhavinbhai      Patel
               transferred an amount of Rs.6 lakh to the account of the
               present applicant. The said amount has already been
               recovered. Therefore, nothing is required to be recovered or
               discovered from the accused.

[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 applicant in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a
"t case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed. The applicant is ordered to be
released     on    regular     bail    in      connection   with    FIR    being     C.R.
No.11208050260199 of 2026 registered with Rajkot A Division Police
Station, Rajkot City on executing a personal bond of Rs.25,000/- (Rupees



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    R/CR.MA/18340/2026                                  ORDER DATED: 07/08/2026




Twenty-"ve Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he/she 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;
   (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 in every
           month for a period of six months between 11.00 a.m. and 2.00
           p.m.;
   (f)     furnish the Aadhaar card, email ID/present address of his
           residence to the Investigating OEcer and also to the Court at the
           time of execution of the bond and shall not change the
           residence/contact number without prior permission of Trial
           Court;
   (g)     not to indulge in any illegal activity failing which learned trial
           Court shall issue warrant and cancel the bail of the applicant.
   (h)     not enter into Rajkot District for six months except for
           marking presence and /or attending the court proceedings;

[9.0] The authorities will release the applicant only if he is not required in
connection with any other o1ence 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 inHuenced by the observations


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          R/CR.MA/18340/2026                                                       ORDER DATED: 07/08/2026




    of preliminary nature qua the evidence at this stage made by this Court
    while enlarging the applicant on bail.

    [12.0] Rule is made absolute to the aforesaid extent. Direct service is
    permitted.



                                                                             (HASMUKH D. SUTHAR,J)



    SUCHIT




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 07/08/2026 14:29:20

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