RAKESHKUMAR RAMESHBHAI MAJETHIYAversusSTATE OF GUJARAT

     R/CR.MA/12460/2026                               ORDER DATED: 04/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
            CHARGESHEET) NO. 12460 of 2026

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                 RAKESHKUMAR RAMESHBHAI MAJETHIYA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR JAYESH A DAVE(253) for the Applicant(s) No. 1
MR. NEERAJ SHARMA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 03/06/2026

                                ORAL ORDER


1.      Rule. Learned APP waives service of Rule on behalf of
        respondent State.


2.      The applicant, by way of this application filed under Section
        483 of the BNSS, seeks regular bail in connection with the FIR
        being C.R. No. 01 of 2026 registered with ACB Police
        Station, Dist. Gir-Somnath, for the offences punishable under
        Sections 7(A), 12, 13(2) of Prevention of Corruption Act, 1988.


3.      It is the submission of learned counsel for the applicant that he
        is   suffering    confinement    since   09.03.2026.      He    further
        submitted that the applicant has not played any vital role in the
        alleged offence. Hence, further detention of the applicant is
        unwarranted.


4.      Learned APP has opposed the bail application contending that,


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     R/CR.MA/12460/2026                              ORDER DATED: 04/06/2026




        considering the conduct of the applicant and nature of
        accusation, the discretion may not be exercised in favour of the
        applicant.


5.      Having heard the learned counsel for the respective parties and
        upon perusal of the material placed on record, it appears that
        the applicant herein was working as a peon in the concerned
        department as recorded in the case papers. He had received the
        bribe amount on behalf of principal accused. The principal
        accused has already granted bail by this Court. Admittedly, the
        charge-sheet is filed and further custody of the applicant is not
        necessary. Therefore, I am inclined to exercise discretion in
        favour of the applicant, as keeping the applicant behind bars
        would not serve any useful purpose. Hence, the bail application
        is allowed.


                In such circumstances, considering the role attributable
        to present applicant herein and evidence in support of charge,
        without commenting on merits of the matter, I deemed it fit to
        release the applicant on bail. Hence, present application is
        allowed.


6.      Hence, the applicant is ordered to be released on regular bail in
        connection with the FIR being C.R. No. 01 of 2026 registered
        with ACB Police Station, Dist. Gir-Somnath,          on executing a
        personal bond of Rs.10,000/- (Rupees Ten thousands only),
        with one surety of the like amount to the satisfaction of the
        learned Trial Court and subject to the conditions that he shall:


         No.                          Conditions
         (a)    not take undue advantage of liberty or misuse liberty;


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      R/CR.MA/12460/2026                                                                       ORDER DATED: 04/06/2026




            (b)       not act in a manner injuries to the interest of the
                      prosecution;

            (c)       surrender passport, if any, to the lower court within a
                      week;

            (d)       not leave India without prior permission of the
                      Sessions Judge concerned;

            (e)       furnish latest 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 trial Court;




7.      The authorities shall release the applicant if he is not required in
        connection with the any other offence. If breach of any above
        condition is committed, the Sessions Judge concerned shall take
        appropriate action or issue warrant against the applicant. The
        bail bond to be executed before the learned trial Court having
        jurisdiction to try the case. It will be open for the sessions judge
        concerned to delete, modify and/or relax any of the above
        conditions, in accordance with law. Nothing stated hereinabove,
        shall tantamount to the expression of any opinion on the merits
        of this case. Rule is made absolute to the aforesaid extent. Direct
        service permitted.




                                                                                                   (ILESH J. VORA,J)
Mehul Desai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/06/2026 11:10:07




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