NATHUBHAI SURABHAI @ SHIVABHAI BHARWADversusSTATE OF GUJARAT

      R/CR.A/1148/2026                               ORDER DATED: 22/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL APPEAL (REGULAR BAIL) NO. 1148 of 2026

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               NATHUBHAI SURABHAI @AHIVABHAI BHARWAD
                               Versus
                      STATE OF GUJARAT & ANR.
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Appearance:
MR BN LIMBACHIA(3454) for the Appellant(s) No. 1
NISHITH K JOSHI(9193) for the Appellant(s) No. 1
MR DHARMESH DHABI, ADVOCATE, NOTICE NOT RECD BACK for the
Opponent(s)/Respondent(s) No. 2
MR. UTKARSH SHARMA, ADDITIONAL PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                             Date : 22/05/2026
                              ORAL ORDER

Rule returnable forthwith. Learned A.P.P. waives service of
notice of Rule for the respondent – State of Gujarat.


[1]     The present application is filed under Section 14A(2) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, for regular bail in connection with FIR
being C.R. No.11204045260116 of 2026 registered with Nadiad
Rural Police Station, District – Kheda for offences under
Sections 75(2), 78, 137(2), and 352 of BNS Act as well as
under Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(1)(w)(ii), 3(2)(va) of
Scheduled         Castes   and   Scheduled       Tribes    (Prevention         of
Atrocities) Act, 1989.


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      R/CR.A/1148/2026                         ORDER DATED: 22/05/2026




[2]     Learned Advocate appearing on behalf of the applicant
submits that considering the nature of the offence, the
applicant may be enlarged on regular bail by imposing suitable
conditions.


[3]     Learned APP appearing on behalf of the respondent -
State has opposed grant of regular bail looking to the nature
and gravity of the offence.


[4]     Learned Advocates appearing on behalf of the respective
parties do not press for further reasoned order.


[5]     Having heard the learned advocates for the parties and
perusing the material placed on record and taking into
consideration the facts of the case, nature of allegations,
gravity of offences, role attributed to the accused, without
discussing the evidence in detail, this Court is of the opinion
that this is a fit case to exercise the discretion and enlarge the
applicant on regular bail.


[6]     This Court has considered following aspects,


        (a) The applicant is in jail since 17.03.2026.


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R/CR.A/1148/2026                                  ORDER DATED: 22/05/2026




  (b) The investigation is over and the charge-sheet has
  been filed.


  (c) Since the investigation is over, no further recovery or
  discovery made from the present applicant, thus, no
  further custodial interrogation is required.


  (d)     Considering     the     peculiar    fact   the     complainant
  namely,          Maaahiben    D/o      Manish   Kumar       Laxmanbhai
  Makwana is present and by way of affidavit stated that
  an amicable settlement has been arrived and now no
  grievance survive and therefore, no objection if the bail
  is granted. The same is taken on record. Learned
  advocate Mr. Dharmesh Dhabi appearing on behalf of the
  complainant has also confirmed the settlement.


  (d) Considering the offence alleged and the punishment
  prescribed, the offences are magistrate triable and the
  trial may take its own course and even no fruitful
  purpose would be achieved by keeping the applicant in
  jail.

  (e) In the facts and circumstances of the present case and
  considering the role attributed to the applicant and the


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      R/CR.A/1148/2026                        ORDER DATED: 22/05/2026




        allegations levelled against him, the case of the applicant
        deserves consideration and, therefore, I am inclined to
        consider the case of the applicant.


[7]     This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay Chandra
Vs. Central Bureau of Investigation, reported in [2012] 1 SCC
40.


[8]     Hence, the present application is allowed. The applicant
is ordered to be released on regular bail in connection with
FIR being C.R. No.11204045260116 of 2026 registered with
Nadiad Rural Police Station, District – Kheda on executing a
personal 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;




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      R/CR.A/1148/2026                         ORDER DATED: 22/05/2026




        [d] not leave the India without prior permission of the
        concerned trial court;


        [e] mark presence before the concerned Police Station
        between 1st to 10th day of every English calendar month
        for a period of six months between 11:00 a.m. and 2:00
        p.m.;


        [f] furnish the present address of residence to the
        Investigating Officer and also to the Court at the time of
        execution of the bond and shall not change the residence
        without prior permission of the concerned trial court;


[9]     The authorities shall 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. 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.


[10] At the trial, the Trial Court shall not be influenced by
the prima facie observations made by this Court in the present
order.



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      R/CR.A/1148/2026                                                   ORDER DATED: 22/05/2026




[11] Rule is made absolute to the aforesaid extent. Direct
service is permitted.


[12] Registry to communicate this order to the concerned
Court/authority by Fax or Email forthwith.




                                                                             (NIRAL R. MEHTA,J)
NIHAL PATEL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIHAL PATEL(HC02355), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 22/05/2026 15:29:39




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