RASIK DHANABHAI MALKIYAversusSTATE OF GUJARAT

    R/CR.MA/12971/2026                                 ORDER DATED: 12/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 12971 of 2026
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                   RASIK DHANABHAI MALKIYA
                              Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 12/06/2026
                                     ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] 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.11218003260261 of 2026 registered with
Bagvadar Police Station, District Porbandar for the offences punishable
under Sections 406, 420, 504, 506(2), 120(B) and 114 of the Indian Penal
Code, 1860 (for short “IPC”).

[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence and now
nothing is required to be recovered or discovered. He therefore submits
that, considering the nature of the offence, the applicant may be enlarged
on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the present
application for regular bail looking to the nature and gravity of the offence.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be


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      R/CR.MA/12971/2026                                   ORDER DATED: 12/06/2026




exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1)       The allegation against the applicant is that applicant lured the
          complainant and other victims under the pretext to transfer the
          government land and to procure the arms license from the
          government and for that purpose he received Rs.2,35,82,300/-
          however, now substantial part of investigation is over qua the
          applicant is over;

(2)       None of the offence alleged is punishable with life sentence or
          death penalty and is triable by the Court of Magistrate;

(3)       Applicant is behind the bars since 01.05.2026;

(4)       There is nothing to be recovered or discovered from the applicant;

(5)       Though applicant is having one past antecedent, he is governed by
          presumption of innocence and even otherwise from the said
          antecedent the applicant has not received any benefit and has been
          released on bail;



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      R/CR.MA/12971/2026                                     ORDER DATED: 12/06/2026




(6)          Co-accused having graver role than that of the present applicant
             have been released by the Sessions Court and hence, applicant is
             entitled to get the benefit of parity in view of decision in the case of
             Ramesh Batukbhai Dabhi vs. State of Gujarat reported in 2011 (3)
             GLR 1150;

(7)          Obviously commencement and conclusion of trial will take some
             time.

[7.0] 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 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a fit
case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed. The applicant is ordered to be
released        on    regular   bail   in   connection    with    FIR    being         C.R.
No.11218003260261 of 2026 registered with Bagvadar Police Station,
District Porbandar on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five 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 &
                shall not obstruct or hamper the police investigation and shall


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       R/CR.MA/12971/2026                                                        ORDER DATED: 12/06/2026




                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 a
               month for a period of six months between 11.00 a.m. and 2.00
               p.m.;

       (f)     furnish the UIDAI Number, Contact Number/s, Passport Number
               (if he is having the passport), E-mail address and 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 without prior permission of Trial Court;

       (h)     not to indulge in any illegal activity or any similar type of offence
               failing which concerned Investigating Officer shall have liberty to
               file an application for cancellation of bail against the present
               applicant.

[9.0] 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.

[10.0]            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.

[11.0]            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.

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


                                                                      (HASMUKH D. SUTHAR, J.)
Ajay
   Original copy of this order has been signed by the Hon'ble Judge.
   Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2026 14:28:38



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