Gujarat High Court
Ravibhai Kanubhai Bharvad vs State Of Gujarat on 5 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/2063/2026 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. 2063 of 2026
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RAVIBHAI KANUBHAI BHARVAD
Versus
STATE OF GUJARAT
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Appearance:
MR SANDIP M PATEL(5649) for the Applicant(s) No. 1
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
TRUPESH KATHIRIYA, APP 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.Vaibhav A. Vyas appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Trupesh Kathiriya 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 No.01/2025/2026 registered with Jafrabad Range Shetrunji Wildlife Dept. Palitana, District : Bhavnagar for the offence punishable under Sections 2(16), 2(36), 2(37), 9, 50 and 51 of the Wildlife Protection Act.
4. Learned advocate for the applicant would submit that Page 1 of 5 Uploaded by KUMAR ALOK(HC01091) on Sat Mar 07 2026 Downloaded on : Mon Mar 09 21:43:22 IST 2026 NEUTRAL CITATION R/CR.MA/2063/2026 ORDER DATED: 05/03/2026 undefined considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on 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 for commission of offence punishable under the Wildlife Act and whereas, it would appear that the allegation being that the present applicant was over- speeding on the Highway and had collided with a lioness, which was crossing the road, which resulted into death of the lioness.
ii. While it would appear that the role of the present applicant is very clear in as much as the vehicle of the present applicant was found damaged at the toll booth.Page 2 of 5 Uploaded by KUMAR ALOK(HC01091) on Sat Mar 07 2026 Downloaded on : Mon Mar 09 21:43:22 IST 2026
NEUTRAL CITATION R/CR.MA/2063/2026 ORDER DATED: 05/03/2026 undefined iii. The fact of the offence, prima facie, being an accident since the present applicant was travelling on a Highway and whereas while the present applicant could have been more careful, by the very nature of this accident to happen. iv. The applicant being in custody for more than two months, and the charge-sheet having been laid as informed by the learned APP .
v. Though the present application is preferred prior to charge- sheet and without any antecedents.
7. 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.
8. In the facts and circumstances of the case and considering the nature of the allegations made against 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.
9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as FIR No.01/2025/2026 registered with Jafrabad Range Shetrunji Wildlife Dept. Palitana, District : Bhavnagar, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
Page 3 of 5 Uploaded by KUMAR ALOK(HC01091) on Sat Mar 07 2026 Downloaded on : Mon Mar 09 21:43:22 IST 2026NEUTRAL CITATION R/CR.MA/2063/2026 ORDER DATED: 05/03/2026 undefined [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 before concerned police station once a month for a period of three months;
10. 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.
11. 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.
12. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature Page 4 of 5 Uploaded by KUMAR ALOK(HC01091) on Sat Mar 07 2026 Downloaded on : Mon Mar 09 21:43:22 IST 2026 NEUTRAL CITATION R/CR.MA/2063/2026 ORDER DATED: 05/03/2026 undefined made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) KUMAR ALOK Page 5 of 5 Uploaded by KUMAR ALOK(HC01091) on Sat Mar 07 2026 Downloaded on : Mon Mar 09 21:43:22 IST 2026