NILESHBHAI MENSHIBHAI KARGATHIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The Court held that temporary bail may be granted for five days subject to a personal bond, surety, security deposit and reporting conditions.
Summary
The accused, Nileshbhai Menishbhai Kargathiya, applied for temporary bail from 10 February 2026 to 15 February 2026 to attend his cousin's marriage. The State, represented by counsel, waived service of notice. The Court examined the request and, considering the personal circumstances, allowed the bail on the condition that the applicant furnishes a personal bond of Rs.25,000, a surety of equal amount, and a security deposit of Rs.1,00,000, and that he reports to the police station every alternate day and surrenders after the bail period. No extension of the bail period was permitted, nor any reduction of the bond amount. The order was made absolute and direct service was permitted.
Issues considered
- Whether the applicant is entitled to temporary bail for the period sought on the ground of attending a marriage function
Subjects
Judgment
R/CR.MA/3333/2026 ORDER DATED: 12/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 3333 of
2026
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NILESHBHAI MENISHBHAI KARGATHIYA
Versus
STATE OF GUJARAT
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/02/2026
ORAL ORDER
1. This application is preferred by the Applicant for temporary
bail for a period from 10.02.2026 to 15.02.2026, on the ground of
attending marriage function of cousin brother.
2. Heard learned Advocate Mr. Y. J. Patel for the Applicant and
learned APP Mr. Vinay Vishen for the Respondent – State.
3. RULE. Learned APP waives service of notice Rule on behalf of
the respondent-State.
4. Considering the ground mentioned in the Application, this
Court is of the opinion that the present application requires
consideration and the same is therefore allowed. The Applicant is
ordered to be released on temporary bail for a period of 05 days
from the date of actual release on the Applicant’s furnishing a
personal bond of 25,000/- (Rupees Twenty Five Thousand only)
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R/CR.MA/3333/2026 ORDER DATED: 12/02/2026
with one surety of the like amount to the satisfaction of the jail
authority, as well as Rs. 1,00,000/- (Rupees One Lakh only) towards
security deposit before the jail authority, it shall be returned when
the applicant surrender within stipulated time without any further
order from this Court, in case the applicant fails to surrender
within stipulated time the amount of Rs.1,00,000/- shall be forfeited
by the jail authority, and on further condition that the Applicant
shall mark his presence before the concerned police station on every
alternate day and surrender to the Jail authorities on expiry of the
Parole period. It is clarified that no extension shall be granted on
expiry of the temporary bail period and this Court shall also not
entertain any application for reduction of amount of personal bond
and surety.
5. Rule is made absolute accordingly. Direct service Today is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/02/2026 17:18:41
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