ALPESHSINH DINUSINH RATHODversusSTATE OF GUJARAT

      R/CR.MA/25265/2025                                      ORDER DATED: 09/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 25265 of 2025

==========================================================
                     ALPESHSINH DINUSINH RATHOD & ORS.
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR NARANBHAI D ASAL(11055) for the Applicant(s) No. 1
MR JAL UNWALLA, SENIOR ADVOCATE with MS TEJAL A VASHI(2704)
for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,3,4,5,6,7,8,9
MR NIRUPAM D NANAVATY, SENIOR ADVOCATE with
MR.KIRIT R CHAUDHARI(3745) for the Respondent(s) No. 1
MS DIVYANGNA JHALA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 09/02/2026

                                    ORAL ORDER


1.       Affidavit on behalf of the original complainant is taken
on record.


2.       Heard learned senior advocate Mr.Jal Unwalla with Ms.
Tejal Vashi and learned advocate Mr. Naranbhai Asal appearing
on      behalf      of     the   applicants,        learned   Additional         Public
Prosecutor Ms. Divyangna Jhala appearing on behalf of the
respondent-State and learned senior advocate Mr. Nirupam



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     R/CR.MA/25265/2025                          ORDER DATED: 09/02/2026




Nanavaty with learned advocate Mr. Kirit chaudhari for
respondent No.2 – Complainant.


3.      Rule. Learned APP waives service of rule on behalf of the
respondent-State.


4.      At the outset, learned senior advocate Mr. Jal Unwalla
would not press the application in so far as applicant No.14 is
considered, requesting that this Court may permit the said
applicant to file afresh after a period of three months.


5.      Considering the request, the applications stands disposed
of qua applicant No.14 with the liberty as sought for being
reserved. Rule is discharged qua applicant No.14.



6.      The applicant has filed this application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
the applicant on Regular Bail in connection with FIR being
C.R.     No.11209041251005    of    2025    registered   with      Prantij
Police Station, District: Sabarkantha for the offence punishable
under Sections 109(1), 115(2), 118(1), 118(2), 125(A), 125(B),
189(2), 189(4), 190, 191(2), 191(3), 324(5), 326(F), 351(3), 352
of B.N.S. Act and under section 135 of the Gujarat Police Act.




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     R/CR.MA/25265/2025                        ORDER DATED: 09/02/2026




7.      Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of
the allegation levelled, the applicant may be enlarged on
regular bail. It is further contended that the applicant is ready
and willing to abide by all the conditions that may be imposed
by this Court if released on bail.



8.      As against the same, learned Additional Public Prosecutor
appearing for the respondent – State has vehemently objected
to the grant of regular bail. Learned APP has submitted that
looking to the nature of offence and the role attributed to the
present applicant, this Court may not exercise the discretion in
favour of the applicant and the application may be dismissed.



9.      I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-

     i. Considering the fact that while serious role has been
     attributed to the applicant whose application has been
     withdrawn by the learned senior advocate Mr. Jal Unwalla
     and since it appears that as far as rest of the applicants are
     concerned, they are not attributed with causing any serious
     injuries, more particularly, allegations against many of the



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      R/CR.MA/25265/2025                                     ORDER DATED: 09/02/2026




  applicants being that they were a part of a mob, this Court
  is       inclined         to     consider   this     application      albeit    with
  appropriate safeguards, more particularly, since it is pointed
  out by learned APP and learned senior advocate Mr.
  Nanavaty that even as of now, there is police bandobast in
  the village to ensure that there is no law and order
  situation, since the present is a case of two communities
  clashing with each other over a very trivial issue.



         This Court has taken into consideration the law laid
down by the Hon’ble Apex Court in the case of Sanjay
Chandra v. Central Bureau of Investigation reported in [2012] 1
SCC 40.



10.      In    the         facts   and   circumstances      of    the     case     and
considering the nature of the allegations made against the
applicant in the First Information Report, 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
applicant on regular bail.



11.      Hence, the present application is allowed. The applicant
is ordered to be released on bail in connection with F.I.R.



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      R/CR.MA/25265/2025                         ORDER DATED: 09/02/2026




registered as C.R. No.11209041251005 of 2025 registered with
Prantij       Police Station, District: Sabarkantha , on executing a
bond of Rs.25,000/- each (Rupees Twenty Five Thousand only)
with one surety of the like amount to the satisfaction of the
trial Court and subject to the conditions that he shall;

   [a] not take undue advantage of liberty or misuse liberty;

   [b] not act in a manner injurious to the interest of the
   prosecution;

   [c] surrender passport, if any, to the lower court within a
   week;

   [d] not leave the State of Gujarat without prior permission
   of the Sessions Court concerned;

   [e] furnish the present address of residence to the I.O. and
   also to the Court at the time of execution of the bond and
   shall not change the residence without prior intimation to
   the I.O.;

   [f] mark presence once a week for a period of three months
   and thereafter once a fortnight for a period of three months
   before the concerned police station.



12.      The Authorities will release the applicant only if he is
not required in connection with any other offence for the time



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      R/CR.MA/25265/2025                                                       ORDER DATED: 09/02/2026




being. If breach of any of the above conditions is committed,
the Sessions Court concerned will be free to take appropriate
action in the matter.



13.      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.



14.      At the stage of trial, the trial court shall not be
influenced by any observations of this Court which are of
preliminary nature made at this stage, only for the purpose of
considering the application of the applicant for being released
on regular bail.



15.      The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.




                                                                           (NIKHIL S. KARIEL,J)
NAIR SMITA V./09-SB-I


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SMITA VINU NAIR(HC00186), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/02/2026 10:37:11




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