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High Court of Gujarat

AJAYBHAI HARSHADBHAI VAGHELAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion to grant temporary bail on the ground of financial assistance, subject to bond and reporting conditions.

Summary

The applicant, Ajaybhai Harshadbhaai Vaghela, filed a criminal miscellaneous application seeking temporary bail on the ground of financial assistance for his family. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court, after hearing the applicant's averments and considering the jail remarks, exercised its discretion in favor of the applicant. The application was partly allowed, granting temporary bail for seven days upon furnishing a personal bond of Rs.10,000 and imposing conditions of surrender and periodic police station attendance. The order was made absolute and direct service was permitted.

Issues considered

  • Whether temporary bail can be granted on the ground of financial assistance to the applicant's family
  • Whether the court may exercise discretion to grant temporary bail despite the prosecution's waiver of notice

Subjects

temporary bailfinancial assistancediscretioncriminal procedurebail conditions

Judgment

      R/CR.MA/16612/2026                                          ORDER DATED: 21/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO. 16612
                           of 2026

==========================================================
                           AJAYBHAI HARSHADBHAI VAGHELA
                                       Versus
                              STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                     Date : 21/07/2026

                                      ORAL ORDER


1.       Present       application      has      been     filed    by     the    applicant

seeking temporary bail on the ground of financial assistance

to his family.



2.       Rule.         Learned       Additional         Public    Prosecutor        waives

service of notice of rule on behalf of the respondent – State.



3.       Having heard and considering the averments made in

the     application,         more     particularly,       the     ground        mentioned

therein, as well as considering the jail remarks, this Court is

inclined       to    exercise       discretion     in     favour     of    the     present

applicant.




                                         Page 1 of 2
                  R/CR.MA/16612/2026                                                ORDER DATED: 21/07/2026




            4.       The       application,          therefore,         succeeds         and       is     partly

            allowed. The applicant is ordered to be released on temporary

            bail for a period of seven days from the date of his/her

            actual release on furnishing a personal bond of Rs.10,000/-

            (Rupees Ten Thousand) to the satisfaction of the concerned

            jail authority on usual terms and conditions, with a direction

            that the applicant shall surrender to the jail authority on

            expiry of the temporary bail period forthwith with a further

            condition that the applicant shall mark presence before the
            nearest police station every 3rd and 5th day from the date of
            release.


            4.1      Rule is made absolute accordingly.                                Direct service is

            permitted.


                                                                                 (SANJEEV J.THAKER,J)
            URIL RANA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 21/07/2026 17:02:52




                                                          Page 2 of 2


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