DANSING ALIAS DANABHAI KANABHAI DODIYAversusSTATE OF GUJARAT

     R/CR.MA/16285/2026                          ORDER DATED: 24/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
           AFTER CHARGESHEET) NO. 16285 of 2026

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                DANSINH ALIAS DANABHAI KANABHAI DODIYA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR PARAM R BUCH(5625) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                             Date : 24/07/2026

                                 ORDER


1.      The Applicant has filed this Application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
the Applicant on Regular Bail in connection with FIR being C.R.
No.11203012230144 of 2023 registered with Chorvad Police
Station, Junagadh.

2.      Heard learned Advocate for the Applicant and learned APP
for the Respondent – State.

        Rule.      Learned APP waives service of notice of Rule on
behalf of the Respondent - State.

3.      Learned Advocate for the Applicant submitted that the
Applicant has good reputation in the society and no useful
purpose would be served by keeping the applicant in jail for
indefinite period. It is further contended that the applicant is
ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail.


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4.      Per     contra,   learned    APP      has   opposed     the     present
application for grant of regular bail contending that the present
applicant had played an active role in commission of the present
offence. The present being the successive application, without
there being any change in circumstance, the present application
is not maintainable. Learned APP has therefore submitted that
looking to the nature of offence, this Court may not exercise the
discretion in favour of the applicant and the Application may be
dismissed.

5.      Heard learned Advocates for the parties and perused the
record. The investigation is over and charge sheet is filed. The
applicant had earlier preferred Criminal Misc. Application
No.669 of 2024 which was allowed to be withdrawn by this Court
vide order dated 11.01.2024. Thereafter, the applicant had
preferred another application being Criminal Misc. Application
No.20511 of 2024 which was also allowed to be withdrawn by
this Court vide order dated 17.10.2024. Thereafter, the present
third successive application is filed by the applicant. Upon
perusal of the observations made by the learned Trial Court
while dismissing the bail application filed by the applicant, it
appears that the trial of the offence has been delayed due to
non-production of the present applicant from the jail before the
concerned Trial Court. It also appears that the muddamal in
question has also not been produced before the learned Trial
Court by the investigating agency. As pointed out by the learned
advocate appearing for the applicant, out of 48 witnesses sighted
in the chargesheet, only 2 witnesses have been examined till
date. Hence, there is no possibility of trial of the offence



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      R/CR.MA/16285/2026                        ORDER DATED: 24/07/2026




concluding in the near future. Having regard to these aspects,
the Application deserves consideration. This court has also
considered the following aspects:


(a)      As per catena of decisions of Hon’ble Supreme Court, there
are mainly 3 factors which are required to be considered by this
court i.e. prima facie case, availability of Applicant accused at
the time of trial and tampering and hampering with the
witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted
that the Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 29.04.2023.
(d) The law laid down by the Hon'ble Apex Court in the case of
Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

6.       Having heard the learned Advocates for the parties and
perusing the record produced in this case as well as taking into
consideration the facts of the case, nature of allegations, gravity
of accusation, availability of the Applicant Accused at the time of
Trial etc. and the role attributed to the present Applicant
accused, the present Application deserves to be allowed and
accordingly stands allowed. This Court has also gone through
the FIR and police papers and also the earlier order passed by
the learned Sessions Court where the learned Sessions Judge
has disallowed the bail Application at initial stage. The Applicant
Accused is ordered to be released on bail in connection with the
aforesaid FIR on executing a personal bond of Rs.10,000/- with
one surety of the like amount to the satisfaction of the trial
Court, subject to the following conditions that he shall:




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(a) not directly or indirectly make any inducement, threat or
promise to any person acquainted with the fact of the case so as
to dissuade him from disclosing such facts to the Court or any
Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal
activities.
(c) furnish the documentary proof of complete, correct and
present address of residence to the Investigating Officer and to
the Trial Court at the time of executing the bond and shall not
change the residence without prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of
the sureties before the Trial Court. In case of change in such
numbers inform in writing immediately to the trial Court.
(e) mark presence before the concerned Police Station once in a
month between 11:00 a.m. and 2.00 pm.
(f) file an affidavit stating his immovable properties whether self
acquired or ancestral with description, location and present
value of such properties before the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court
(h) surrender passport, if any, to the Trial Court within a week. If
the Applicant does not possess passport, shall file an Affidavit to
that effect.
(i) not enter the Chorvad Town till conclusion of trial except for
attending the Trail Court or marking presence before the
concerned police station.
(j)

7.       Bail bond to be executed before the Trial Court having
jurisdiction to try the case. It would be open for the Trial Court
concerned to give time to furnish the solvency certificate if


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     prayed for.


     8.         If breach of any of the above conditions is committed, the
     Trial Court concerned will be free to issue warrant or take
     appropriate action according to law. The Authorities will release
     the Applicant forthwith only if the Applicant is not required in
     connection with any other offence for the time being.

     9.         At the trial, the concerned trial Court shall not be
     influenced by the prima facie observations made by this Court in
     the present order.

     10.        Rule is made absolute. Direct service permitted.




                                                                                                 (M. R. MENGDEY,J)
     AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 27/07/2026 13:43:03




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