High Court of Gujarat
RADHIKKUMAR JAYANTIBHAI DHAMELIYAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the bail application, granting regular bail to the applicant under the conditions specified.
Summary
The applicant, Radhikkumar Jayantibhai Dhameliya, filed a successive regular bail application under Section 483 of the Code of Criminal Procedure after a charge sheet was filed for offences under Sections 61, 316(3), 318(4), 336(3), 338 and 340(2) of the Indian Penal Code. He had been in custody since 16 March 2026 and claimed he played no vital role in the alleged forgery and that further detention was unwarranted. The State opposed bail, arguing the seriousness of the accusations and the applicant's conduct. The Court examined the material, noting that the prosecution’s case relied mainly on documentary evidence, the co‑accused had already been granted bail, and the prosecution failed to show a need for continued custody. Considering that the trial would be lengthy and continued detention served no purpose, the Court allowed the bail application. The applicant was released on regular bail upon execution of a personal bond of Rs.10,000 with one surety and subject to standard conditions.
Issues considered
- Whether the applicant is entitled to regular bail after the filing of a charge sheet under Section 483 CrPC despite the seriousness of the offences.
- Whether the prosecution has demonstrated a necessity for the applicant's continued custody.
- Whether the conditions imposed are sufficient to safeguard the interests of justice.
Legislation cited
- Code of Criminal Procedure, 1973s. 483
- Indian Penal Code, 1860s. 316(3), s. 318(4), s. 336(3), s. 338, s. 340(2), s. 61
Subjects
regular bailSection 483 CrPCsuccessive bailcharge sheetIndian Penal CodeGujarat High Courtbail conditions
Judgment
R/CR.MA/13168/2026 ORDER DATED: 12/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 13168 of 2026
==========================================================
RADHIKKUMAR JAYANTIBHAI DHAMELIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1
MR RONAK RAVAL APP for the Respondent No. 1
MR ANIRUDH SUCHAK for original complainant
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 12/06/2026
ORAL ORDER
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this successive bail
application filed under Section 483 of the BNSS,
seeks regular bail in connection with the FIR being
C.R. No. 11201001250017 of 2025 registered
with CID Crime Gandhinagar Police Station,
Dist. Gandhinagar, for the offences punishable
under Sections 61, 316(3), 318(4), 336(3), 338 and
340(2) (as per FIR / 316(5) (as per chargesheet).
3. It is the submission of learned counsel for the
applicant that he is suffering confinement since
16.03.2026. He further submitted that the applicant
Page 1 of 4
R/CR.MA/13168/2026 ORDER DATED: 12/06/2026
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, 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, during investigation Rs.10
lakhs being paid by the applicant to the complainant.
The prosecution case is based on documentary
evidence and investigation on the aspect of forgery
etc already been over. The co-accused Daksh
Goswami has been granted bail by the coordinate
bench of this Court. The prosecution failed to
demonstrate further custody of the applicant is
necessary. In such circumstances, when chargesheet
is filed and trial would take considerable time,
keeping behind the applicant behind bar, would not
serve any purpose. 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.
Page 2 of 4
R/CR.MA/13168/2026 ORDER DATED: 12/06/2026
No. 11201001250017 of 2025 registered with
CID Crime Gandhinagar 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
he 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) 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
Page 3 of 4
R/CR.MA/13168/2026 ORDER DATED: 12/06/2026
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)
P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 12/06/2026 16:58:25
Page 4 of 4
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "regular bail"Sign in to search