Gujarat High Court
Prafulbhai Manubhai Solanki vs State Of Gujarat on 21 April, 2026
NEUTRAL CITATION
R/CR.MA/9206/2026 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9206 of 2026
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PRAFULBHAI MANUBHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 21/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Kishan H. Daiya appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Soaham Joshi 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. 11210021260058 of Page 1 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Apr 21 2026 Downloaded on : Wed Apr 22 00:15:36 IST 2026 NEUTRAL CITATION R/CR.MA/9206/2026 ORDER DATED: 21/04/2026 undefined 2026 registered with Katargam Police Station, District:
Surat for the offences punishable under Sections 103(1), 189(2), 189(4), 191(2), 191(3), 190, 238(A), 54 of Bhartiya Nyaya Sanhita, 2023 and under Section 135 of G.P. 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 submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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 as coming out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the Page 2 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Apr 21 2026 Downloaded on : Wed Apr 22 00:15:36 IST 2026 NEUTRAL CITATION R/CR.MA/9206/2026 ORDER DATED: 21/04/2026 undefined 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 applicant is a practicing advocate and a permanent resident of Surat District, hence would be available at the time of trial;
ii. The applicant has one criminal antecedent lodged under Section 324 of the I.P.C.
iii. The investigation is completed and charge-sheet has been filed.
iv. As per the prosecution case, the allegation against the applicant is about he having tried to destroy the DVR containing the CCTV footage of the incident in question.
v. On perusing the statement u/s. 183 of the BNSS, 2023 of Mankesh Savjibhai Pipaliya who is one of the prosecution witness, he has clearly stated that though the DVR was removed from the Pan shop of the applicant's brother Ashwin, it was thereafter taken to prosecution witness Bhadreshbhai's house, from where, Page 3 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Apr 21 2026 Downloaded on : Wed Apr 22 00:15:36 IST 2026 NEUTRAL CITATION R/CR.MA/9206/2026 ORDER DATED: 21/04/2026 undefined this prosecution witness Mankesh was asked to collect the same and handover to the police saying that, the said DVR was given to Mankesh by either Pallu or Ajay.
vi. The said witness Mankesh in his statement under Section 183 has also stated that, the police has visited his home and had collected the DVR from him on 12.01.2026.
vii. The apprehension of the learned APP that, the applicant would once again indulge in similar or such offence, can be put to rest by imposing stringent conditions.
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 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 Page 4 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Apr 21 2026 Downloaded on : Wed Apr 22 00:15:36 IST 2026 NEUTRAL CITATION R/CR.MA/9206/2026 ORDER DATED: 21/04/2026 undefined discretion and enlarge the applicant on regular bail.
9. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11210021260058 of 2026 with Katargam Police Station, District: Surat, on executing a bail 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 his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect; [d] not to leave Surat District without prior permission of the Trial Court concerned; [e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior Page 5 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Apr 21 2026 Downloaded on : Wed Apr 22 00:15:36 IST 2026 NEUTRAL CITATION R/CR.MA/9206/2026 ORDER DATED: 21/04/2026 undefined intimation to the I.O. and the court; [f] mark his presence once a week for three months before the concerned police station. [g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station.
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 at liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial 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 competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for Page 6 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Apr 21 2026 Downloaded on : Wed Apr 22 00:15:36 IST 2026 NEUTRAL CITATION R/CR.MA/9206/2026 ORDER DATED: 21/04/2026 undefined the purpose of enlarging the applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) MAYA Page 7 of 7 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue Apr 21 2026 Downloaded on : Wed Apr 22 00:15:36 IST 2026