R/CR.MA/5301/2026 ORDER DATED: 05/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 5301 of 2026 ========================================================== SHERSINH SURAJSINH RANJITSINH KHIRCH Versus STATE OF GUJARAT ========================================================== Appearance: CHAUHAN DHWANIKA RAJESHBHAI(14066) for the Applicant(s) No. 1 MR J K SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 05/03/2026 ORAL ORDER 1. Heard learned advocate Mr. Rajesh Chauhan for learned Advocate Ms. Dhwanika Chauhan for the applicant and learned APP Mr. J.K. Shah for the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11189004241242 of 2024 registered with Morbi City ‘B’ Division Police Station, District Morbi, for the offence punishable under Sections 380, 457 and 114 of the Indian Penal Code. 4. It would appear that the applicant having been arrested in connection with the aforesaid FIR, had applied for regular bail before the learned Sessions Court and whereas vide an order dated 20.02.2025 in p. 1 R/CR.MA/5301/2026 ORDER DATED: 05/03/2026 Criminal Misc. Application No. 254 of 2025, the learned Sessions Court had enlarged the present applicant on regular bail subject to certain conditions, the condition relevant for the purpose of the present application being that the applicant was required to mark his presence twice a month till the charge-sheet is filed and whereas since the said condition had been violated, the Investigating Officer had filed an application before the learned Trial Court requesting that the bail granted to the present applicant may be cancelled and whereas vide an order dated 22.08.2025, the learned Trial Court had been pleased to cancel the bail granted to the applicant on the ground that the applicant has violated the bail conditions. 5. Having heard learned Advocates appearing on behalf of the respective parties and having perused the papers, the following aspects have been considered : (i) The fact of the applicant being in custody since 23.08.2025 even after the applicant having been released on bail in the substantive offence. (ii) The submission made by learned Advocate Mr. Chauhan on behalf of the applicant that would comply with any condition that may be imposed by this Court and whereas violation thereof may result in the liberty granted to the applicant being cancelled for a substantive period. (iii) The fact of the maximum punishment that could be imposed upon the present applicant considering that the offence is one punishable under Section 380 etc. of the IPC. Page 2 of 4 R/CR.MA/5301/2026 ORDER DATED: 05/03/2026 6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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 regular bail. 7. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11189004241242 of 2024 registered with Morbi City ‘B’ Division Police Station, District Morbi, on executing a 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 shall; [a] mark presence before the concerned Police Station once a month till the conclusion of the trial. [b] attend the trial regularly; [c] not remain absent on two consecutive dates without any reasonable cause and without giving an application for exemption before the Trial Court; [d] not take undue advantage of liberty or misuse liberty; [e] not act in a manner injurious to the interest of the prosecution; [f] surrender passport, if any, to the lower court within a week; [g] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [h] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior intimation to p. 3 R/CR.MA/5301/2026 ORDER DATED: 05/03/2026 the Investigating Officer. 8. 8. 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 Court concerned will be free to take appropriate action in the matter. 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 stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail. 11. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) BDSONGARA p. 4 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 06/03/2026 11:03:45