IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR TRANSIT BAIL) NO. 5705 of 2026 ==========================================================

NIRBHAYSINH KISHORSINH RAO Versus STATE OF GUJARAT & ANR.

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Appearance:

JAIMIN A GANDHI(8065) for the Applicant(s) No. 1 MR JAGDISHBHAI B VANIYA(13359) for the Applicant(s) No. 1 MR. ROHAN SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 10/03/2026

ORAL ORDER

1. Leave to amend to delete the respondent No.2 is granted.

2. Rule. Learned Additional Public Prosecutor waives service.

3. This application is filed by the applicant seeking grant of transit bail for four weeks in connection with the FIR No. 0046, registered with Bhupalpura Police Station, Udaipur for the offences punishable under Sections 406 and 420 of the IPC.

4. Heard, the learned advocates appearing for the respective parties.

4.1 Learned advocate for the applicant would submit that the applicant is apprehending arrest in connection with the above FIR and therefore, the applicant is desirous of moving the jurisdictional Court seeking anticipatory bail and hence, he urges that, in the interregnum, applicant may be protected and transit bail may be granted to the applicant.

5. Learned Additional Public Prosecutor for the respondent –

State opposes the application.

6. Taking into consideration, the facts and the law laid own by the Hon’ble Bombay High Court in the case of N.K. Nayar and Others vs. State of Maharashtra and Others reported in 1985 Cr.L.J. 1887 and Nikita Jacob vs. State of Maharashtra reported in 2021 SCC OnLine (Bom.) 1395, since this Court cannot usurp the jurisdiction of competent Court, this Court is of the considered opinion that present application deserves to be partly allowed.

7. Having heard the learned advocates for the parties and perusing the record of the case, and in the facts and circumstances of the case, this application deserves to be allowed and is accordingly, allowed in part. It is directed that the applicant shall not be arrested for a period of 14 days in connection with the aforesaid FIR. The applicant may approach the competent Court with territorial jurisdiction for the purpose of obtaining anticipatory bail in connection with the aforesaid offence. This order shall remain in force for 14 days from today.

8. It is made clear that if the applicant fails to comply with the above condition and does not approach the Court of competent jurisdiction, the transit bail granted by this Court shall stand automatically cancelled. Rule is made absolute to the aforesaid extent.

(P. M. RAVAL, J)

NITIN MAKWANA