R/CR.MA/2692/2026 ORDER DATED: 05/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION OF ORDERS) NO. 2692 of 2026 ========================================================== ASHIK @ NAKLI JAHUBHAI RATHOD Versus STATE OF GUJARAT ========================================================== Appearance: MR DHRUV K DAVE(6928) for the Applicant(s) No. 1 MR RONAK RAVAL ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 05/02/2026 ORAL ORDER 1. Heard learned advocate Mr.Dhruv Dave appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Ronak Raval appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. By way of this application, the applicant seeks for deletion of Condition No. 11 in order dated 01.08.2024 in p. 2 R/CR.MA/2692/2026 ORDER DATED: 05/02/2026 Criminal Misc. Application No.197 of 2024 whereby the learned Sessions Court has enlarged the present applicant on regular bail. The condition being that the applicant should not enter the limits of Manjusar Police Station (in perpetuity). It would appear in this regard that the applicant had thereafter moved the learned Sessions Court for temporary modification of the condition and he had been granted temporary modification for 15 days each. It would also appear that the applicant had thereafter moved the learned Sessions Court for grant of permanent deletion and whereas, vide order dated 20.01.2026, the learned Sessions Judge, Vadodara at Savli had rejected the same, aggrieved by which, the applicant has approached this Court. 4. Having considered the grounds mentioned in the application, the present application deserves to be allowed with the following directions: (i) The fact of the original order, having been passed on 01.08.2024 that is the condition having continued for approximately one year and five months. (ii) The fact of the applicant having his residence as well as his agricultural land within the jurisdiction of Manjusar Police Station, where he is now being prohibited to enter. Page 2 of 3 R/CR.MA/2692/2026 ORDER DATED: 05/02/2026 (iii) The fact that the original FIR being for an offence punishable under Sections 32, 354(A) and 395 of BNS Act yet, whereas it would appear that the applicant, does not have any other antecedents of the like nature, allaying any apprehension that the applicant is a habitual offender. (iv) Any other apprehension, as regards the applicant repeating the same offence could be taken care of by imposing suitable conditions. (iv) Condition No.11 in order dated 01.08.2024 in Criminal Misc. Application No.197 of 2024 is hereby deleted. Rest of the conditions remain un-altered. (v) The applicant to mark his presence at the Manjusar police station once every fortnight till the trial commences. 5. Rule is made absolute to the aforesaid extent. 6. Direct service is permitted. (NIKHIL S. KARIEL,J) NAIR SMITA V.