High Court of Gujarat
ASIK @ NAKLI JAHUBHAI RATHODversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
Condition No.11 prohibiting the applicant from entering the limits of Manjusar Police Station in perpetuity is deleted, with the remaining bail conditions left unchanged.
Summary
Ashik @ Nakli Jahubhai Rathod, who was granted regular bail on 1 August 2024, was subjected to Condition No.11 prohibiting him from entering the limits of Manjusar Police Station in perpetuity. The condition effectively barred him from his residence and agricultural land located within that jurisdiction. The applicant sought deletion of this condition, arguing that it had been in force for over a year, that he had no prior similar offences despite the FIR being under Sections 32, 354(A) and 395 of the BNS Act, and that lesser conditions could address any risk of re‑offending. The Sessions Court had previously denied a permanent deletion, prompting the applicant to approach the Gujarat High Court. The High Court considered the duration of the restriction, the applicant's ties to the area, and the absence of a habitual offender record, concluding that the perpetual ban was unnecessary. Accordingly, the Court deleted Condition No.11 while retaining the remaining bail conditions and directed the applicant to report to the police station fortnightly until trial.
Issues considered
- Whether the perpetual prohibition from entering Manjusar Police Station is a valid bail condition.
- Whether the applicant's personal circumstances and lack of prior similar offences justify deletion of the condition.
- Whether alternative, less restrictive conditions can adequately safeguard against repeat offences.
Legislation cited
- BNS Act — s. 32, 354(A), 395
Subjects
- bail modification
- perpetual restriction
- criminal procedure
- BNS Act
- Section 32
- Section 354(A)
- Section 395
- high court order
- jurisdiction
Judgment
R/CR.MA/2692/2026 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO.
2692 of 2026
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ASHIK @ NAKLI JAHUBHAI RATHOD
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR RONAK RAVAL ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 05/02/2026
ORAL ORDER
1. Heard learned advocate Mr.Dhruv Dave appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr.Ronak Raval appearing on behalf of the
respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. By way of this application, the applicant seeks for
deletion of Condition No. 11 in order dated 01.08.2024 in
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R/CR.MA/2692/2026 ORDER DATED: 05/02/2026
Criminal Misc. Application No.197 of 2024 whereby the
learned Sessions Court has enlarged the present applicant on
regular bail. The condition being that the applicant should not
enter the limits of Manjusar Police Station (in perpetuity). It
would appear in this regard that the applicant had thereafter
moved the learned Sessions Court for temporary modification
of the condition and he had been granted temporary
modification for 15 days each. It would also appear that the
applicant had thereafter moved the learned Sessions Court for
grant of permanent deletion and whereas, vide order dated
20.01.2026, the learned Sessions Judge, Vadodara at Savli had
rejected the same, aggrieved by which, the applicant has
approached this Court.
4. Having considered the grounds mentioned in the
application, the present application deserves to be allowed with
the following directions:
(i) The fact of the original order, having been passed on
01.08.2024 that is the condition having continued for
approximately one year and five months.
(ii) The fact of the applicant having his residence as well as
his agricultural land within the jurisdiction of Manjusar Police
Station, where he is now being prohibited to enter.
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R/CR.MA/2692/2026 ORDER DATED: 05/02/2026
(iii) The fact that the original FIR being for an offence
punishable under Sections 32, 354(A) and 395 of BNS Act yet,
whereas it would appear that the applicant, does not have any
other antecedents of the like nature, allaying any apprehension
that the applicant is a habitual offender.
(iv) Any other apprehension, as regards the applicant
repeating the same offence could be taken care of by imposing
suitable conditions.
(iv) Condition No.11 in order dated 01.08.2024 in Criminal
Misc. Application No.197 of 2024 is hereby deleted. Rest of the
conditions remain un-altered.
(v) The applicant to mark his presence at the Manjusar
police station once every fortnight till the trial commences.
5. Rule is made absolute to the aforesaid extent.
6. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V.
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 06/02/2026 11:01:56
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