R/CR.MA/19804/2026(GJHC240644162026) ORDER DATED: 27/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 19804 of 2026 ============================================== SURESHBHAI KEHRABHAI RATHVA (BARIA) Versus STATE OF GUJARAT ============================================== Appearance: MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MS ASMITA PATEL, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 27/08/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for successive bail in connection with FIR being C.R. No.11821050260211 of 2026 registered with Sagtala Police Station, Dahod for the offences punishable under Sections 108, 140(3), 115(2), 351(3), 352 and 54 of the BNS. [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on successive bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that the present applicant is are involved in the offence. Hence, she has requested to dismiss the present application for successive bail looking to the nature and gravity of the offence. R/CR.MA/19804/2026(GJHC240644162026) ORDER DATED: 27/08/2026 [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) Investigation is over & charge-sheet is filed ; (2) None of the offence alleged is punishable with life sentence or death penalty; (3) Applicant is behind the bars since 21.05.2026; (4) Nothing is required to be recovered and discovered from the accused; (5) As per the case of the prosecution, the deceased eloped with the daughter of accused No. 1. In this regard, the alleged incident took place. It is alleged that he called at the residence of the Sarpanch, where he was beaten, and the accused persons assaulted him with kicks and fist blows. Feeling bad, he locked himself in the house and committed suicide. (6) No past criminal antecedent is reported against the applicant; (7) Conclusion and commencement of trial will take its own time; (8) Considering the nature of allegations and quantum of R/CR.MA/19804/2026(GJHC240644162026) ORDER DATED: 27/08/2026 punishment, the present application deserves consideration; (9) The co-accused having similarly situated role has been enlarged on regular bail and therefore, on the ground of parity also (Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in 2011 (3) GLR 1999), present application deserves consideration. [7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration. [8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on successive bail. Hence, the present application is allowed. The applicant is ordered to be released on successive bail in connection with FIR being C.R. No.11821050260211 of 2026 registered with Sagtala Police Station, Dahod, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he/they shall; (a) not take undue advantage of liberty or misuse liberty; (b) 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 R/CR.MA/19804/2026(GJHC240644162026) ORDER DATED: 27/08/2026 be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not leave the State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once a month between 11.00 a.m. and 2.00 p.m., for six months; (f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he/they is/are having the passport), E-mail address 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, SIM CARD without prior permission of Trial Court; [9.0] The authorities will 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. [10.0] 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. [11.0]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 applicants on bail. [12.0] 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 27/08/2026 15:51:21