IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2026 In R/CRIMINAL MISC.APPLICATION NO. 4494 of 2023 ==========================================================

NIRAJBHAI UMAKANTBHAI BADHEKA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR JAY S DAKWALA FOR MR. KULDEEP D VAIDYA(7045) for the PETITIONER(s) No. 1 MR TIRTHARAJ PANDYA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 20/03/2026

IA ORDER

1. By way of present application, the applicant has prayed to quash and set aside the order dated 17.11.2025 passed by the learned 4^th Additional Sessions Jude, Bhavnagar in Criminal Misc. Application No. 1540/2025 and requested to delete/modify/relax the condition No. 7(d) imposed in the order dated 17.03.2023 by this court in Criminal Misc.

Application No. 4494/2023.

2. Heard learned advocate for the applicant and learned APP for the opponent-State.

3. Learned advocate for the applicant has stated that the applicant has been released on regular bail by this court vide order dated 17.03.2023 in Criminal Misc. Application No.

4494 of 2023 with certain conditions wherein the condition No. 7(d) speaks that “the applicant shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned”. That, the applicant is involved in the business of purchasing the scrap and for that purpose, the applicant is required to frequently go out of Gujarat and therefore, for deletion/modification of the condition No. 7(d) imposed by this court, the applicant approached the learned Sessions Court concerned by way of Criminal Misc. Application No. 1540/2025 wherein vide order dated 17.11.2025, the learned Sessions court concerned has rejected the request of the applicant and therefore, by way of this application, the applicant has requested to modify/delete the condition imposed by this court so the applicant can easily do his business and lastly, learned advocate for the applicant has requested to allow present application.

4. On the other side, learned APP for the opponent-State has strongly objected the submissions made by learned advocate for the applicant and requested to reject the present application as the applicant is involved in the serious offence.

5. Considering the submissions made by learned advocate for the applicant and learned APP for the opponent-State, present application is partly allowed and the order dated

17.11.2025 passed by learned 4^th Additional Sessions Judge, Bhavnagar in Criminal Misc. Application No. 1540/2025 is quashed and set aside.

6. Accordingly, the condition No. 7(d) imposed by this court vide order dated 17.03.2023 in Criminal Misc. Application No. 4494 of 2023 is modified to the extent that the said condition is kept in abeyance for a period of one year from today and remaining conditions shall remain intact. In view of the aforesaid submission, the applicant herein is permitted to leave the State of Gujarat during the said period of one year.

7. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(SAMIR J. DAVE,J)

K. S. DARJI