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NEUTRAL CITATION

R/CR.RA/2578/2025 ORDER DATED: 29/12/2025

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST

ORDER PASSED BY SUBORDINATE COURT) NO. 2578 of

2025

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JAYDEV MUKESHBHAI SOLANKI

Versus

STATE OF GUJARAT

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Appearance:

MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1

MR UTKARSH SHARMA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

Date : 29/12/2025

ORAL ORDER

1. This application under Section 438 r/w. Section 442 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is filed assailing

the order dated 16.12.2025 passed in Criminal Misc. Application

No. 509 of 2025 by the learned 2^nd Additional Sessions Judge,

Rajkot whereby, bail granted to the present applicant vide order

dated 14.11.2025 passed in Criminal Misc. Application No. 482 of

2025 in connection with the FIR being C.R. No. 11213015250897 of

2025, registered with Gondal City Police Station, Gondal, District:

Rajkot for the offences alleged therein, came to be cancelled.

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NEUTRAL CITATION

R/CR.RA/2578/2025 ORDER DATED: 29/12/2025

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2. Rule, returnable forthwith. Learned Additional Public

Prosecutor waives service on behalf of the respondent – State.

3. Heard, the learned advocates for the respective parties and

perused the material on record.

4. The learned advocate for the applicant has submitted that bail

once granted can be cancelled only considering whether any

supervening circumstances have rendered it no longer conducive to

the accused to retain his freedom by enjoying concession of bail

and/or, there is apprehension of misuse of liberty and/or tampering

or hampering with evidence and/or threat/danger to the victim of

crime. He submitted that in the present case, on the ground of

breach of conditions, the learned trial Judge has mechanically

cancelled the bail granted to the applicant and thereby, has

materially erred. Therefore, it is urged that this application may be

allowed and the applicant be released on bail. He, on instructions,

submits that the applicant is of young age and has roots in society

and shall strictly abide by all the conditions of bail.

5. As against this, learned Additional Public Prosecutor for the

respondent – State while opposing this application, submitted that it

was precondition to cancel the bail in case of breach of any

conditions of bail and the applicant herein has violated the

conditions of bail and thereby, also victimized the complainant and

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NEUTRAL CITATION

R/CR.RA/2578/2025 ORDER DATED: 29/12/2025

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accordingly, he urged that this application may not be entertained.

6. Having regard to the aforesaid, it is an admitted position that

the learned trial Judge vide above-referred order dated 14.11.2025,

granted bail to the applicant putting him on certain conditions, more

particularly, condition No. 4 restraining the applicant from

obstructing or hampering the police investigation and refraining

from playing mischief with the evidence collected or yet to be

collected by the police. It is stated that the applicant, while violating

the above condition, has also not furnished authentic proof of his

address and mobile number to the Investigation Officer (IO) and

thereby, has breached condition No. 5 of the order granting bail.

Further, condition No. 6 stipulates to refrain from establishing any

contact with any witness, however, the applicant, in breach of the

said condition, tried to contact the complainant and also threatened

her. Further, the applicant also stated to have breached condition

No. 9 whereby, he was directed not to enter the area as mentioned in

the order.

6.1 It is trite law, as laid down by the Hon’ble Apex Court