AASHABHAI AJUBHAI RUDACH THRO PARBAT ALA DHARANIversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- P M RAVAL
Holding
The court granted temporary bail for 15 days on a personal bond of Rs.10,000, directing surrender at the end of the period.
Summary
The applicant, Aashabhai Ajubhai Rudach, filed a temporary bail application seeking a 15‑day release on the ground that he and the victim intend to marry. The court granted permission to join the complainant as a respondent and accepted the complainant's advocate's vakalatnama. Both the State and the complainant waived service of notice of rule. Noting that the dispute was settled between the parties and supported by an affidavit, the court exercised its discretion in favor of the applicant. Consequently, the court ordered temporary bail for 15 days upon furnishing a personal bond of Rs.10,000 and directed the applicant to surrender to the jail authority at the expiry of the bail period. Direct service of the order was permitted.
Issues considered
- Whether temporary bail can be granted when the parties have settled and intend to marry
- Whether the complainant may be joined as a respondent in the bail application
- Effect of waiver of service of notice of rule by the State and the complainant on the bail proceedings
- Conditions appropriate for granting temporary bail in the circumstances
Subjects
Judgment
R/CR.MA/7163/2026 ORDER DATED: 30/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 7163 of
2026
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AASHABHAI AJUBHAI RUDACH THRO PARBAT ALA DHARANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VH KANARA(1881) for the Applicant(s) No. 1
NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 30/03/2026
ORAL ORDER
1. Learned advocate for the applicant seeks permission to add
the complainant as party respondent. Permission is granted.
Complainant be joined as party to the present application.
Necessary amendment to be carried out forthwith.
2. Learned advocate Mr.Yuvraj Chauhan has instructions to
appear on behalf of the original complainant. He will be filing his
Vakaltnama during the course of the day. The registry shall accept
his Vakalatnama for the complainant.
3. This application is filed by the applicant seeking temporary
bail for 15 days on the ground that the applicant and the victim are
willing to get married.
4. Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the respondent – State and learned
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R/CR.MA/7163/2026 ORDER DATED: 30/03/2026
advocate Mr.Yuvraj Chauhan waives service of notice of rule on
behalf of the original complainant.
5. Considering application, more particularly, the grounds
mentioned therein and the fact that the matter is settled between
the parties, and the complainant has also filed an affidavit in this
regard, this Court is inclined to exercise discretion in favour of the
present applicant.
6. The application, therefore, succeeds and is allowed in part.
The applicant is ordered to be released on temporary bail for a
period of 15 days from the date of his actual release on his
furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand)
to the satisfaction of the concerned jail authority on usual terms
and conditions, with a direction that the applicant shall surrender
to the jail authority on expiry of the temporary bail period
forthwith. Rule is made absolute accordingly.
6.1 Direct service is permitted today.
(P. M. RAVAL, J)
R.S. MALEK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/03/2026 14:50:41
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