Gujarat High Court
Mukeshbhai Ranchhodbhai Baraiya vs State Of Gujarat on 12 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6046/2026 ORDER DATED: 12/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6046 of 2026
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MUKESHBHAI RANCHHODBHAI BARAIYA
Versus
STATE OF GUJARAT
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Appearance:
MR YATIN SONI(868) for the Applicant(s) No. 1
MS MARIYA M DALAL(3957) for the Applicant(s) No. 1
MR TRUPESH KATHERIA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Yatin Soni appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Katheria 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 Page 1 of 6 Uploaded by NAIR SMITA V.(HC00186) on Fri Mar 13 2026 Downloaded on : Sat Mar 14 10:19:35 IST 2026 NEUTRAL CITATION R/CR.MA/6046/2026 ORDER DATED: 12/03/2026 undefined the applicant on Regular Bail in connection with FIR being C.R. No. 11198067251056 of 2025 registered with Vartej Police Station, District:Bhavnagar for the offence punishable under Sections 306 of B.N.S.Act.
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 regular bail. 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:-
Page 2 of 6 Uploaded by NAIR SMITA V.(HC00186) on Fri Mar 13 2026 Downloaded on : Sat Mar 14 10:19:35 IST 2026NEUTRAL CITATION R/CR.MA/6046/2026 ORDER DATED: 12/03/2026 undefined i. Allegation being that the applicant had committed offence under Section 306 of B.N.S. Act and whereas, it would appear that the present applicant was administrator of the school and allegation being that the applicant had stolen the DVR and also stolen the registers.
ii. Prima facie, it would appear that the FIR does not inspire confidence.
iii. This Court has also appreciated the fact that the applicant who had been released on anticipatory bail by this Court in different offence, had been arrested when he had approached the investigating officer on 05.02.2026 with regard to the present offence.
iv. This Court is also informed that charge-sheet is filed pending the application before the learned Sessions Court and whereas, considering such a situation, and also having regard to the observations herein above, this Court is inclined to consider this application.
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.Page 3 of 6 Uploaded by NAIR SMITA V.(HC00186) on Fri Mar 13 2026 Downloaded on : Sat Mar 14 10:19:35 IST 2026
NEUTRAL CITATION R/CR.MA/6046/2026 ORDER DATED: 12/03/2026 undefined
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.
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. 11198067251056 of 2025 registered with Vartej Police Station, District:Bhavnagar, 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] 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 Page 4 of 6 Uploaded by NAIR SMITA V.(HC00186) on Fri Mar 13 2026 Downloaded on : Sat Mar 14 10:19:35 IST 2026 NEUTRAL CITATION R/CR.MA/6046/2026 ORDER DATED: 12/03/2026 undefined 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 month for a period of three months before the concerned police station.
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.
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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) NAIR SMITA V./13-DB Page 6 of 6 Uploaded by NAIR SMITA V.(HC00186) on Fri Mar 13 2026 Downloaded on : Sat Mar 14 10:19:35 IST 2026