BHAVANSINH ABHESINH RATHODversusSTATE OF GUJARAT

      R/CR.MA/2839/2026                                 ORDER DATED: 26/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 2839 of 2026

==========================================================
                    BHAVANSINH ABHESINH RATHOD & ANR.
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1,2
MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1,2
MR TRUPESH KATHERIA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 26/02/2026

                                    ORAL ORDER


1.      Heard learned advocate Mr. Zubin Bharda with learned
advocate Mr. Kishan Prajapati appearing on behalf of the
applicants        and     learned    Additional     Public   Prosecutor           Mr.
Trupesh Kathiriya appearing on behalf of the respondent-State.



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



3.      The applicants have filed this application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for


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     R/CR.MA/2839/2026                       ORDER DATED: 26/02/2026




enlarging the applicants on Regular Bail in connection with FIR
being C.R. No.11209041251253 of 2025 registered with Prantij
Police Station, Dist. Sabarkantha, for the offence punishable
under Sections 3(1)(ii), 3(4) of the Gujarat Control of Terrorism
and Organised Crime Act (GUJCTOC Act).



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



5.     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 applicants, this Court may not exercise the discretion
in favour of the applicants and the application may be
dismissed.



6.     I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following


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aspects are considered:

     (i)     The fact that the FIR under the GUJCTOC Act and
             whereas it would prima facie appear to this Court
             that      there   is   no   material   against     the     present
             applicant, which would prima facie reveal that the
             present applicant was part of any organised gang.
     (ii) The allegation being that the gang in question i.e.
             one so called Nikubha gang, was indulging into
             oranised crime by illegally mining sand from the
             riverbed of Sabarmati river.
     (iii) The allegation against the present applicant is of
             being accused in three different FIRs and whereas it
             would appear that the first FIR has nothing to do
             with the allegation under GUJCTOC Act, more
             particularly being personal in nature, where the
             applicant is alleged to have assaulted a person with
             whom sister of co-accused had eloped. The co-
             accused and his family members i.e. total of 36
             accused, including applicant, of which more than
             half were women of his family, had assaulted a
             person with whom his sister had eloped.
     (iv) The second and the third FIRs being registered
             against the present applicant on the very day, more



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             particularly one FIR being where the applicant is
             alleged to have obstructed the passage of the some
             dumpers through a kachha road, passing adjacent to
             his village and the second also being with regard to
             the       same   transaction         where    some       Government
             officials    and    private          individuals      having       been
             obstructed, while travelling on the kachha road. It
             would be pertinent to mention that the applicant has
             been enlarged on regular bail in all substantive
             offences.
     (v)     Considering the above, since it prima facie appears
             to this Court that there is nothing, which connects
             the present applicant to the organised crime except
             the fact that in later two FIRs, the main accused of
             the GUJCTOC FIR is also one of the accused, to this
             Court, the present applicant requires consideration.
     (vi) The leader of the organized crime syndicate one
             Narendrasinh       @      Nikusinh          Jashvantsinh        Rathod
             having      been   considered         for    being     enlarged         on
             regular bail buy learned Trial Court vide order dated
             21.02.2026.
     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


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     R/CR.MA/2839/2026                                    ORDER DATED: 26/02/2026




SCC 40.



7.     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.



8.     Hence, the present application is allowed. The applicant
is ordered to be released on bail in connection with F.I.R.
registered as C.R. No.11209041251253 of 2025 registered with
Prantij Police Station, Dist. Sabarkantha, on executing a bond
of Rs.50,000/- (Rupees Fifty 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



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              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 till the charge-sheet is
              filed and thereafter once a month for a period of
              twelve months before the concerned police station.

9.      The Authorities will 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 Court concerned will be free to take appropriate
action in the matter.



10.     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.     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

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on regular bail.



12.       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./04-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 27/02/2026 10:48:42




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