PARMESHBHAI HAVAJIBHAI BARANDAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court granted regular bail to the applicant, finding no justification for continued detention.
Summary
Parmeshbhai Havajivb... applied for successive regular bail under Section 483 of the BNSS after a charge‑sheet was filed for offences under IPC Sections 394, 397 and 114. He had been in custody since 23‑April‑2026 and claimed he played no vital role in the alleged robbery, stating he was a mason from Rajasthan and the looted car was found abandoned. The State opposed bail, arguing the nature of the accusation warranted continued detention. The Court examined the material, noted the absence of any prosecution ground to keep him in custody, his lack of prior similar offences, and the likelihood of his availability at trial. Consequently, the Court granted bail on a personal bond of Rs 10,000 with one surety, imposing standard conditions such as surrender of passport and restriction on leaving Gujarat.
Issues considered
- Whether bail should be granted after the filing of a charge‑sheet for offences under IPC Sections 394, 397 and 114
- Whether the applicant poses a risk of absconding, tampering with evidence, or influencing the investigation
Legislation cited
- Indian Penal Code, 1860s. 114, s. 394, s. 397
Subjects
Judgment
R/CR.MA/14683/2026 ORDER DATED: 03/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 14683 of 2026
==========================================================
PARMESHBHAI HAVAJIVBHAI BARANDA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. TEJAS M. MEHTA(19123) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR JK SHAH APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 03/07/2026
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 successive regular bail in connection
with the FIR being C.R. No. 11192064210550 of 2021
registered with Dholka Rural Police Station, Dist.
Ahmedabad for the offences punishable under Sections 394,
397 and 114 of the Indian Penal Code 1860.
3. It is the submission of learned counsel for the applicant that
he is suffering confinement since 23.04.2026. 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, considering the conduct of the applicant and nature of
accusation, the discretion may not be exercised in favour of
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R/CR.MA/14683/2026 ORDER DATED: 03/07/2026
the applicant.
5. Having heard the learned counsel for the respective parties
and upon perusal of the material placed on record, more
particularly, role attributable to present applicant herein, it
appears that applicant is belonged to State of Rajasthan and
at the relevant point of time he was doing masonry work. The
car alleged to have been looted by the applicant herein has
been found in abandoned condition. The charge-sheet has
already been filed and no ground is made by the prosecution
which suggests that the custody of the applicant is necessary.
I deem it fit to grant bail to the applicant herein. Trial of the
case is likely to take considerable time. He is easily available
at the time of trial. He does not having any past antecedent of
like nature. As such there is no likelihood of absconding or
fleeing from justice. In such circumstances, 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. No.
11192064210550 of 2021 registered with Dholka Rural
Police Station, Dist. Ahmedabad 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/14683/2026 ORDER DATED: 03/07/2026
(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 territory of State of Gujarat
without prior permission of the
Sessions Judge concerned; till the
conclusion of trial.
(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)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 03/07/2026 17:22:22
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