High Court of Gujarat
BHARATBHAI RAMJIBHAI KOLI (AKHIYANI)versusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The Court granted regular bail to the applicant subject to stringent conditions.
Summary
The petitioner, Bharatbhai Ramjibhai Koli, was charged under several IPC sections for offences alleged in FIR C.R. No.I-6 of 2018. He had previously been released on bail but failed to appear at trial, leading to a warrant under CrPC Section 82. He filed an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, promising to be present at every hearing. The State opposed, citing habitual absences and 36 prior antecedents. The Court noted his earlier non‑appearance was due to judicial custody for another case and, considering his undertaking, granted regular bail on a personal bond of Rs.25,000 with a surety, imposing several conditions including regular court attendance, passport surrender, and restrictions on movement. The order also empowered the trial court to modify or cancel bail if conditions are breached.
Issues considered
- Whether regular bail may be granted after the filing of a chargesheet under BNSS 2023 despite the applicant's prior non‑appearance and alleged habitual absences.
Legislation cited
Subjects
regular bailBharatiya Nagarik Suraksha SanhitaCrPC Section 82IPC offencesnon‑appearancecourt conditionsGujarat
Judgment
R/CR.MA/8274/2026 ORDER DATED: 10/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8274 of 2026
==============================================
BHARATBHAI RAMJIBHAI KOLI
Versus
STATE OF GUJARAT
==============================================
Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MS VRUNDA C. SHAH, APP for the Respondent(s) No. 1
==============================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/06/2026
ORDER
1) RULE. Learned APP waives service of rule for the respondent-State.
2) The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail
in connection with FIR being C.R. No.I-6 of 2018 registered with
Samakhiyali Police Station, District - Kachchh East -
Gandhidham for the offences under Sections 454, 457, 380, 114,
411 and 413 of the Indian Penal Code.
3) Learned advocate appearing on behalf of the applicant submits that
the applicant was enlarged on bail but remained absent during the
trial of the case therefore warrant came to be issued. Now the
applicant will regularly remain present during the trial on each and
every date of hearing. Hence, he has requested to allow the
present application.
4) Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the
present application for regular bail on the ground that the applicant
is habitual of remaining absent during the trial and trial is
prolonged. There are 36 past antecedents against the applicant.
Therefore, present application does not deserve consideration.
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R/CR.MA/8274/2026 ORDER DATED: 10/06/2026
5) Perusing the record it reveals that as the applicant was arrested
and sent to judicial custody in another offence he was unable to
attend the Court proceedings and proclamation came to be issued
under Section 82 of the Code of Criminal Procedure and he came to
be arrested. Now the learned Advocate for the applicant has
submitted that the applicant will remain present on each and every
date before the trial Court during the trial.
6) In the facts and circumstances of the case, the applicant is ordered
to be released on regular bail in connection with FIR being C.R.
No.I-6 of 2018 registered with Samakhiyali Police Station,
District - Kachchh East - Gandhidham on executing a personal
bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one
solvent 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 & shall not obstruct or hamper the police
investigation and shall not to play mischief with the
evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a
week;
(d) not leave the State of Gujarat without prior permission
of the Trial Court concerned;
(e) mark presence before the concerned Police Station
once in every month for a period of six months
between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the
Investigating Officer and also to the Court at the time
of execution of the bond and shall not change the
residence / mobile number / SIM Card without prior
permission of Trial Court;
(g) he shall regularly remain present on each on
every date of hearing before the learned trial
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R/CR.MA/8274/2026 ORDER DATED: 10/06/2026
Court during the trial;
(h) not to indulge in any illegal activity failing which
learned trial Court shall issue warrant and cancel the
bail of the applicant.
7) 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 issue warrant or take appropriate action in
the matter.
8) 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.
9) At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the applicant on bail.
10) Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 10/06/2026 17:13:21
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