High Court of Gujarat

GAPPUKUMAR MADAN YADAVversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The Court allowed the withdrawal of the bail application and ordered the trial court to proceed with a limited witness examination in accordance with the Supreme Court precedent.

Summary

The applicant, Gappukumar Madan Yadav, filed a regular bail application after the filing of a chargesheet. The applicant's counsel sought permission to withdraw the bail application. The Court granted the withdrawal request, disposing of the application without examining its merits. The Court directed the trial court to examine only material witnesses and to follow the Supreme Court's decision in CBI v. Mir Usman @ Ara @ Mir Usman Ali (SLP (Cri.) No. 969 of 2025). Additionally, the trial was ordered to be expedited as the applicant has been an under‑trial prisoner since November 2025.

Issues considered

Whether the bail application can be withdrawn at the applicant's request.
Whether the trial court must limit its examination to material witnesses and follow the Supreme Court precedent in CBI v. Mir Usman.

Subjects

regular bailchargesheetwithdrawal of applicationtrial expeditematerial witnessesSupreme Court precedent

Judgment

         R/CR.MA/8580/2026                                                       ORDER DATED: 17/07/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                     CHARGESHEET) NO. 8580 of 2026

  ==========================================================
                                   GAPPUKUMAR MADAN YADAV
                                            Versus
                                      STATE OF GUJARAT
  ==========================================================
  Appearance:
  MR VIJAL P DESAI(5505) for the Applicant(s) No. 1
  MS ISHITA V DESAI(5975) for the Applicant(s) No. 1
  MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
  ==========================================================
     CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                              Date : 17/07/2026

                                                     ORDER


            Learned counsel for the applicant, on instructions, seeks permission
  to withdraw present application.

            Permission as prayed for is granted.
            Present application is disposed of as withdrawn. This Court has not
  examined the matter on merit.

            Learned trial Court is directed to examine only material witnesses,
  follow the decision of the Hon'ble Supreme Court in CBI v. Mir Usman
  @ Ara @ Mir Usman Ali, rendered in Special Leave to Appeal (Cri.) No.
  969 of 2025, dated 22.09.2025 and expedite the trial as the applicant is
  under-trial prisoner since November, 2025.




                                                                           (HASMUKH D. SUTHAR,J)
  SUCHIT




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 17/07/2026 14:54:05

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