RAJESHNATH @RAJLO BABUNATH MADARIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the regular bail application, subject to strict conditions.
Summary
The petitioner, Rajeshnath @ Rajlo Babunath Madari, was arrested on 17 March 2026 in connection with FIR C.R. No. 11216010260119 for offences under Sections 316(2), 318(4) and 54 of the BNSS. He applied for regular bail under Section 483 of the BNSS after the charge‑sheet had been filed, claiming he played no vital role in the alleged crime and that further detention was unwarranted. The State opposed the bail, arguing that the nature of the accusation and the applicant's conduct warranted denial of bail. The Court, after hearing both sides, held that since the charge‑sheet was already filed, continued custody was unnecessary and, subject to stringent conditions, bail could be granted. Accordingly, the applicant was released on regular bail upon furnishing a personal bond of Rs.10,000 with one surety and complying with several conditions regarding residence, passport surrender, and movement restrictions.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for offences under Sections 316(2), 318(4) and 54 of the BNSS.
- Whether the applicant's alleged conduct and the nature of the offences justify denial of bail.
Subjects
Judgment
R/CR.MA/12517/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
AFTER CHARGESHEET) NO. 12517 of 2026
=========================================
RAJESHNATH @RAJLO BABUNATH MADARI
Versus
STATE OF GUJARAT
=========================================
Appearance:
MOHAMADZAID I SAIYED(8411) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
=========================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/06/2026
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. 11216010260119 of 2026 registered
with Pethapur City Police Station, Dist. Gandhinagar,
for the offences punishable under Sections 316(2), 318(4)
and 54 of B.N.S.
3. It is the submission of learned counsel for the applicant that
he is suffering confinement since 17/03/2026. He further
submitted that the applicant has not alleged to have 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, considering the conduct of the applicant and nature of
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R/CR.MA/12517/2026 ORDER DATED: 04/06/2026
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 charge-sheet has already been filed and further custody
of the applicant is not necessary. In such circumstance,
considering the past antecedents, by imposing stringent
condition, the applicant be enlarged on bail. Hence, the bail
application is allowed.
6. Hence, the applicant is ordered to be released on regular bail
in connection with the FIR being C.R. No.
11216010260119 of 2026 registered with Pethapur City
Police Station, Dist. Gandhinagar, 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 she
shall:
No. Conditions
(a) not take undue advantage of liberty or misuse
liberty;
(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) furnish latest address of residence along with cell
number to the Investigating Officer and also to the
Court within week from actual release and shall not
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R/CR.MA/12517/2026 ORDER DATED: 04/06/2026
change the residence without prior permission of
the trial Court;
(e) shall not leave the territory of Kapadvanj
Taluka District Kheda for a period of 6 months
except for attending the court proceedings as
well as to mark his presence before the
concerned Police Station, if any.
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)
Kaushal Rathod
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 04/06/2026 11:12:44
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