RAJESHBHAI @ RAJI LALABHAI VESTABHAI BHABHORversusSTATE OF GUJARAT

      R/CR.MA/4523/2026                                ORDER DATED: 23/02/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 4523 of 2026
========================================================
            RAJESHBHAI @ RAJU LALABHAI VESTABHAI BHABHOR
                                 Versus
                          STATE OF GUJARAT
========================================================
Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1
MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
                       Date : 23/02/2026

                               ORAL ORDER


1.      Heard learned Advocate Mr. Darshan Dave on behalf of the
applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi for the
respondent-State.


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


3.      The present applicant who has been arraigned as an accused has
preferred this application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11821033250025 of 2025 registered
with Limdi Police Station, District: Dahod for offences punishable
under Sections 305(d), 331(2), 317(4), 54 of the Bhatriya Nyay Sanhita, 2023
after filing of the charge-sheet more particularly the application preferred by
the applicants having been rejected by the learned Trial Court.


4.      Learned Advocate for the applicant would submit that considering



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the role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that since
the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended that the
applicant is 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 applicant as coming out from the charge-
sheet, this Court may not exercise the discretion in favour of the applicant
and the application may be dismissed.



6.     This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-



       (i)        The allegation being that the applicant had entered into
       Temple and had stolen silver ornaments placed on the daite and
       whereas the total cost of the ornaments stolen appears to be
       Rs.61500/-.
       (ii)     The fact of a co-accused having exactly similar role, having
       been considered by the learned Sessions Court, vide an order dated
       08.08.2025 in Criminal Misc. Application No.579 of 2025.
       (iii)    The fact of the present applicant being in custody since
       29.01.2025 and the charge-sheet having been laid by the Investigating
       Officer.

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       (iv)     While it is mentioned that the applicant has three antecedents
       and four cases registered after the present FIR, more particularly the
       applicant having been arrested on transfer warrant in the last four
       cases, yet, considering, the fact that co-accused has been released,
       and the limited role attributed to the applicant, this Court is inclined
       to consider this application.


7.     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 SCC 40.


8.     In the facts and circumstances of the case and considering the nature
of the allegations made against 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.



9.      Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR beingC.R. No. 11821033250025
of 2025 registered with Limdi Police Station, District: Dahod on
executing a bond of Rs.10,000/- (Rupees Ten 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 permission of the



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          Sessions Court concerned;
          [e]         Mark his presence in the concerned Police Station once in a
          month for a period of six months;
          [f]        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 residential address without prior intimation to the I.O.


 10.       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 Judge concerned will be
 free to take appropriate action in the matter.


 11.        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.


 12.       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 on regular bail.


 13.       The application is allowed in the aforesaid terms. Rule is made
 absolute to the aforesaid extent. Direct service is permitted.




                                                                                   (NIKHIL S. KARIEL,J)
 NIRU

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/02/2026 11:38:48




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