IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 25 of 2026 ==========================================================

RAGHUBHAI RAVIBHAI BAMBHANIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 MR.HARDIK DAVE, LD. PUBLIC PROSECUTOR with MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI Date : 13/03/2026

ORAL ORDER

1. The applicant has preferred the present application under Section 483 of the BNSS, 2023, praying for regular bail in connection with FIR bearing C.R. No.11186008230216 of 2023 registered with Una Police Station, District:Gir-Somnath, for the offenses punishable under Sections 392, 394, 397 and 34 of Indian Penal Code, Section 135 of the Gujarat Police Act and Sections 3(1)(2), 3(2) and 3(4) of the GUJCTOC Act.

2. Heard learned advocate Mr.Maulik Soni for the applicant and learned Public Prosecutor Mr.Hardik Dave with learned APP Mr.Soaham Joshi for the respondent-State.

3. At the outset, the applicant was released by coordinate bench of the High Court in the present offense on 12.12.2024 vide order passed in Criminal Misc. Application No.22474 of 2024, subject to certain conditions, wherein, condition (g) reads thus:

“[g] not enter into jurisdiction of Saurashtra till the conclusion of trial, except for marking presence and attending the Court proceedings;”

4. It is pertinent to note that, in spite of aforementioned condition (g) imposed by the coordinate bench of the High Court, the applicant had entered the geographical limits of Una Police Station and had committed offense under Sections 115(2), 352, 351(2), 75(1), 329(2) of BNS, 2023 and Sections 3(1)(r) and 3(2)(va) of the Atrocities Act. The FIR in connection with the said offense which was committed on 23.02.2025 at 8:30 p.m. by the applicant, came to be registered on

24.02.2025 at 00:30 a.m.

5. Thus, the applicant having committed breach of the aforesaid bail condition, the State of Gujarat had preferred Criminal Misc. Application No.914 of 2025 before the designated Court i.e. the Court of Principal District and Sessions Judge at Rajkot, praying for cancellation of applicant’s bail. The learned Special Judge and Sessions Judge while allowing the application of the State, had cancelled the bail granted to the applicant and while doing so, had observed in para 4 thus;

“4] Having heard the Ld. Special PP Mr.Gokani as well as opponent-accused through Video Conferencing Facility. It appears from the perusal of police papers that, after the opponent-accused being released on bail, he has entered into jurisdiction of Saurashtra and has committed crime which is being registered by Una Police Station for the offence alleged to have been committed under Sections 115(2), 352, 351(2), 75(1), 329(2) of BNS and under Sec.3(1)(r), 3(2)(va) of the Atrocities Act, registered vide C.R.No.11186008250326/2025 and after his arrest in the aforesaid offence, the opponent-accused was lodged in Junagadh Jail. It appears that, the trial of GCTOC Case No.5/2023 was commenced and in the trial also the opponent- accused did not appear before this Designated Court, and therefore, non-bailable warrant has been issued against the opponent-accused. Though, the opponent-accused had appeared through Video Conferencing Facility, but his Ld. Advocate did not appear before this Court. It is the say of the opponent-accused that, a false case has been registered against him, however, there is nothing on record to show from the opponent side that, he was residing at Diu at any point of time and has been falsely implicated in the offence registered after his release on bail in this case.”

6. Learned Public Prosecutor Mr.Hardik Dave has submitted that in spite of 12 antecedents against the applicant, the High Court at the relevant time,