Created by Fuzzy Cloud

High Court of Gujarat

ASIK @ NAKLI JAHUBHAI RATHODversusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

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

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

==========================================================
                          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



                                        Page 1 of 3
       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.



                                         Page 2 of 3
        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




                                                  Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.