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High Court of Gujarat

RAJESHNATH @RAJLO BABUNATH MADARIversusSTATE OF GUJARAT

Disposal
58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

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

regular bailcharge-sheetBNSSSection 316Section 318Section 54Section 483Gujarat High Courtbail conditions

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



                                       Page 2 of 3
      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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