NIRBHAYSINH KISHORSINH RAOversusSTATE OF GUJARAT

      R/CR.MA/5705/2026                             ORDER DATED: 10/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR TRANSIT BAIL) NO. 5705 of 2026

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                          NIRBHAYSINH KISHORSINH RAO
                                     Versus
                            STATE OF GUJARAT & ANR.
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Appearance:
JAIMIN A GANDHI(8065) for the Applicant(s) No. 1
MR JAGDISHBHAI B VANIYA(13359) for the Applicant(s) No. 1
MR. ROHAN SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 10/03/2026

                                 ORAL ORDER


1.      Leave to amend to delete the respondent No.2 is granted.


2.      Rule. Learned Additional Public Prosecutor waives service.


3.      This application is filed by the applicant seeking grant of
transit bail for four weeks in connection with the FIR No. 0046,
registered with Bhupalpura Police Station, Udaipur for the offences
punishable under Sections 406 and 420 of the IPC.


4.      Heard, the learned advocates appearing for the respective
parties.


4.1     Learned advocate for the applicant would submit that the
applicant is apprehending arrest in connection with the above FIR
and therefore, the applicant is desirous of moving the jurisdictional

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     R/CR.MA/5705/2026                            ORDER DATED: 10/03/2026




Court seeking anticipatory bail and hence, he urges that, in the
interregnum, applicant may be protected and transit bail may be
granted to the applicant.


5.     Learned Additional Public Prosecutor for the respondent –
State opposes the application.


6.     Taking into consideration, the facts and the law laid own by
the Hon’ble Bombay High Court in the case of N.K. Nayar and
Others vs. State of Maharashtra and Others reported in 1985
Cr.L.J. 1887 and Nikita Jacob vs. State of Maharashtra reported
in 2021 SCC OnLine (Bom.) 1395, since this Court cannot usurp
the jurisdiction of competent Court, this Court is of the considered
opinion that present application deserves to be partly allowed.


7.     Having heard the learned advocates for the parties and
perusing the record of the case, and in the facts and circumstances of
the case, this application deserves to be allowed and is accordingly,
allowed in part. It is directed that the applicant shall not be arrested
for a period of 14 days in connection with the aforesaid FIR. The
applicant may approach the competent Court with territorial
jurisdiction for the purpose of obtaining anticipatory bail in
connection with the aforesaid offence. This order shall remain in
force for 14 days from today.


8.     It is made clear that if the applicant fails to comply with the

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      R/CR.MA/5705/2026                                                               ORDER DATED: 10/03/2026




above condition and does not approach the Court of competent
jurisdiction, the transit bail granted by this Court shall stand
automatically cancelled. Rule is made absolute to the aforesaid
extent.

                                                                                                (P. M. RAVAL, J)
NITIN MAKWANA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 10/03/2026 18:44:06




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