Gujarat High Court
Thakor Rahul Kaluji Danaji vs State Of Gujarat on 5 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5356/2026 ORDER DATED: 05/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 5356 of 2026
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THAKOR RAHUL KALUJI DANAJI
Versus
STATE OF GUJARAT
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Appearance:
MR RISHABH R JAIN(12326) for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 05/03/2026
ORAL ORDER
1. Heard learned advocate Mr.R.R.Jain appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.J.K.Shah appearing on behalf of 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. 11206008260026/2026 registered with Becharaji Police Station, Mehsana for the offence punishable under Sections 305(a), 331(4), 54 of the BNS.
4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on Page 1 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Mar 06 2026 Downloaded on : Mon Mar 09 21:45:48 IST 2026 NEUTRAL CITATION R/CR.MA/5356/2026 ORDER DATED: 05/03/2026 undefined regular bail. It is further submitted that no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The allegation is of having committed theft, trespass etc. and whereas, it would appear that there is no direct ocular evidence as regards the present applicant. ii. It would appear that the allegation in the FIR itself reveals that the accused had removed the DVR of the CCTV whereby the identities of the persons who had committed Page 2 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Mar 06 2026 Downloaded on : Mon Mar 09 21:45:48 IST 2026 NEUTRAL CITATION R/CR.MA/5356/2026 ORDER DATED: 05/03/2026 undefined the act in question could not be revealed. iii. The present applicant's role being revealed from the statement of a co-accused who has been seen in a CCTV of an adjoining place.
iv. Beyond the statement of the co-accused, there is no other material to connect the present applicant more particularly the recovery being of an amount of Rs.20,000/- only as against an amount of Rs.4,57,000/- having been stolen by the accused.
v. The fact of the applicant being in custody since 29.01.2026 and having no antecedents.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
7. 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.
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NEUTRAL CITATION R/CR.MA/5356/2026 ORDER DATED: 05/03/2026 undefined
8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11206008260026/2026 registered with Becharaji Police Station, Mehsana, on executing a bond of Rs.20,000/- (Rupees Twenty 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] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;
[e] 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 residence without prior intimation to the I.O.;
[f] mark presence once a fortnight till the charge-sheet is filed and thereafter once a month for a period of nine months before the concerned police station. Page 4 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Mar 06 2026 Downloaded on : Mon Mar 09 21:45:48 IST 2026
NEUTRAL CITATION R/CR.MA/5356/2026 ORDER DATED: 05/03/2026 undefined
9. 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.
10. 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. 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.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Page 5 of 5 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Fri Mar 06 2026 Downloaded on : Mon Mar 09 21:45:48 IST 2026