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High Court of Gujarat

HARDIK @ HARSHIL DIPAKBHAI ZAPDA THRO DIPAKBHAI GHOGHABHAI ZAPDAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court partially allowed the application, granting temporary bail for 15 days with police custody and no further extension.

Summary

The applicant, Hardik @ Harshil Dipakbhai Zapda, sought temporary bail for 15 days citing the marriage of his cousin sister and cousin brother and his own sister's engagement ceremony. The State, represented by counsel, waived service of notice. The Court considered the humanitarian grounds and partially allowed the application, granting temporary bail from 12 February 2026 3:00 pm to 18 February 2026 6:00 pm, subject to police custody and payment of associated costs. The applicant must arrange lodging and boarding for the accompanying police personnel, and the jail superintendent was directed to facilitate the custody. The bail was granted without any provision for further extension, and the order was made absolute with direct service permitted.

Issues considered

  • The applicant's entitlement to temporary bail on humanitarian grounds
  • Whether the bail can be granted subject to police custody and cost conditions
  • Whether any further extension of the temporary bail should be permitted

Subjects

temporary bailcriminal procedurepolice custodyhumanitarian groundsGujarat High Court

Judgment

     R/CR.MA/3593/2026                          ORDER DATED: 12/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 3593 of
                            2026

==========================================================
         HARDIK @ HARSHIL DIPAKBHAI ZAPDA THRO DIPAKBHAI
                       GHOGHABHAI ZAPDA
                              Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
DESHAL A MODI(12518) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 3
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
==========================================================

 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 of 15 days on the ground of marriage of cousin

sister and cousin brother, and the engagement ceremony of his

own sister.

2.     Heard learned advocate for the applicant and learned APP

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 partly allowed. The


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     R/CR.MA/3593/2026                                                     ORDER DATED: 12/02/2026




applicant is ordered to be released on temporary bail from 03.00

pm today i.e. 12.02.2026 to 06.00 pm on 18.02.2026 with police

custody, the cost of which shall be borne by the applicant. The

cost shall be deposited by the applicant with the concerned jail

authorities in advance. The applicant will make arrangements for

the lodging and boarding of the accompanying police personnel

during his stay at Rajkot. The Jail Authority shall deduct these

two expenses/costs while calculating the expenses/costs of

police custody which has to be deposited by the applicant. The

number of police personnel who will accompany the applicant in

civil clothes shall be decided by the Jail Superintendent. The Jail

Superintendent of Junagadh shall arrange for the requisite

police custody immediately.

5.      The custody of the applicant shall be handed over to the

concerned jail authority on expiry of the temporary bail period.

6.      The application is allowed in the aforesaid terms. It is

hereby clari1ed that, no further extension shall be granted. Rule

is made absolute accordingly. Direct service is permitted today.



                                                      (UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA

 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 12/02/2026 14:15:14


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