High Court of Gujarat

KISMATSINH @ LALO ROHITSINH RATHODversusSTATE OF GUJARAT

Disposal: 99-NOT PRESSED
Bench: HASMUKH D SUTHAR

Holding

The Court permitted the applicant to file a fresh bail application after the charge-sheet and disposed of the present application as not pressed.

Summary

Kismatsinh Rathod applied for regular bail before the filing of a charge-sheet and sought permission to file a fresh bail application after the charge-sheet is filed. The applicant's counsel submitted that the present application was not being pressed and requested liberty to file a new application later. The Court, after hearing the parties, granted the permission sought and disposed of the present application as not pressed, without examining the merits of the bail claim. No substantive discussion on the merits of bail was undertaken. The order essentially allows the applicant to approach the Court again after the charge-sheet is filed.

Issues considered

Whether a regular bail application filed before the filing of a charge-sheet can be withdrawn and a fresh application filed after the charge-sheet is filed.

Subjects

regular bailchargesheetprocedural lawcriminal procedurebail application

Judgment

     R/CR.MA/19189/2026                                                                ORDER DATED: 18/08/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
             CHARGESHEET) NO. 19189 of 2026

==============================================
              KISMATSINH @ LALO ROHITSINH RATHOD
                               Versus
                       STATE OF GUJARAT
==============================================
Appearance:
MR. HARDIK P BAROT(6798) for the Applicant(s) No. 1
MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1
==============================================

   CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 18/08/2026

                                                        ORDER

          Learned Advocate for the applicant has submitted that he does not

press the present application with liberty to file afresh application after

filing of the charge-sheet. Permission as prayed for is granted.

          Accordingly, the present application is disposed of being not

pressed. This Court has not gone into merit of the case.




                                                                              (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 18/08/2026 16:53:51




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