R/CR.MA/17233/2026 ORDER DATED: 27/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 17233 of 2026 ============================================== HIRAJI @ HIRLO HALUJI HAPAJI ZALA Versus STATE OF GUJARAT ============================================== Appearance: O I PATHAN(7684) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 27/07/2026 ORDER 1) RULE. Learned APP waives service of notice of Rule on behalf of respondent No.1 – State of Gujarat. 2) By way of present Criminal Misc. Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (which shall hereinafter be referred to as “BNSS”) challenging the order dated 07.07.2026 passed by the learned 5th Additional District & Sessions Judge, Dholka, Ahmedabad (Rural) in Criminal Misc. Application No.254 of 2026, whereby the learned Judge has rejected the application filed by the present applicant under Section 483 of the BNSS seeking regular bail in connection with non bailable warrant issued against the applicant. 3) Heard learned Advocate for the applicant and learned APP for the respondent – State. 4) Perusing the record it appears that the applicant was arrested in connection with the FIR No.51 of 2013 registered with Bagodara R/CR.MA/17233/2026 ORDER DATED: 27/07/2026 Police Station, District - Ahmedabad for the offences punishable under Sections 395, 323, 506(2), 365 and 120(B) of the Indian Penal Code and Section 135 of the GP Act. In the said connection the applicant was released on regular bail. Thereafter, charge-sheet was filed which was culminated into Sessions Case No.7 of 2021. Trial was commenced and during the trial of the Sessions Case due to marriage of brother of the applicant, the applicant failed to attend the Court proceeding of Sessions Case and therefore non bailable warrant was issued against the applicant. Therefore, on execution of the non bailable warrant the applicant came to be arrested and hence he has filed bail application which came to be dismissed by the learned Sessions Judge. Being aggrieved by the same the applicant has filed the present bail application. 5) As per the case of prosecution the applicant is an accused facing trial of alleged robbery of gold ornaments of Rs.6,84,00,000/- in the year 2013 which was culminated into Sessions Case No.7 of 2021. Subsequently, Sessions Case No.10/2021, 17/2021 and 236/2021 were registered and are pending. As the applicant was already released on regular bail and during the trial as the applicant is a labourer he went outside for labour, he could not remain present during the trial. However, now the learned Advocate for the applicant has submitted that the applicant is ready and willing to attend the court proceedings and now he will remain present during the trial. Therefore, in view of above, with stringent conditions the present application deserves consideration. 6) Hence, the present application is allowed. The applicant is ordered to be released on regular bail on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one surety R/CR.MA/17233/2026 ORDER DATED: 27/07/2026 to the satisfaction of the trial Court and subject to the conditions that he shall; (a) not leave the State of Gujarat without prior permission of the trial Court concerned; (b) during the pendency of the Sessions Case he shall appear before the trial Court on each and every date of hearing; (c) in case of his absence he has to mark his presence through his learned Advocate before the Court; (d) furnish the permanent and present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence, contact number / SIM Card without prior permission of Trial Court; (e) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; 7) The learned Sessions Judge will be at liberty to impose other suitable conditions in order to secure presence of the applicant during the trial. 8) The authorities shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Page 3 of 4 R/CR.MA/17233/2026 ORDER DATED: 27/07/2026 9) Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. 10) At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. 11) Rule is made absolute to the aforesaid extent. Direct service is permitted. (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 27/07/2026 14:48:55