Reserved On : 26/02/2026 Pronounced On : 05/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -

AFTER CHARGESHEET) NO. 2289 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-

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Approved for Reporting Yes No 

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SHAHRUKH @RAJA AALLARAKHABHAI JUNEJA Versus STATE OF GUJARAT ==========================================================

Appearance:

DHRUV TOLIYA(9249) for the Applicant(s) No. 1 MR. NIRAJ SHARMA, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

CAV JUDGMENT

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present successive application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.11208044202185 of 2020 registered with the Pradyuman Nagar Police Station, Rajkot City for the alleged offences as mentioned in the FIR.

3. Learned advocate Mr. Dhruv Toliya appearing for the applicant has submitted that the applicant-accused was arrested on 26.12.2020 and since then he is in jail. Learned advocate Mr. Toliya has also submitted that the investigation has already been completed and charge-sheet has also been filed. He has also submitted that the present applicant has been falsely implicated in the present offence by wrongly invoking the provisions of the GUJCTOC Act as the applicant has neither formed any organized crime syndicate nor is the member of any such syndicate. Learned advocate Mr. Toliya has further submitted that the applicant is in judicial custody since more than five years, and looking to the status of trial, out of 108 witnesses cited by the investigating agency to be examined, only one witness has been examined so far, and as such, it appears that the trial is likely to take considerable long period of time to conclude, and as such, putting the applicant- accused behind the bar for such an indefinite period, would be nothing but a pre-trial conviction. Learned advocate Mr. Toliya has also submitted that the total 11 persons have been shown as the accused in the charge-sheet, and except the present applicant and one another accused, rest of the accused persons have already been enlarged on bail. He has further submitted that at the time of invoking the provisions of the GUJCTOC Act against the applicant, the investigating officer has taken into consideration total four past offences against the applicant, however, out of those four offences relied upon by the investigating officer, the applicant has already been acquitted in three offences and one FIR has been quashed by this Court. He also submits that due to non-availability of the other accused persons, the trial is getting delayed for no fault on the part of the present applicant, and the same can be verified from the report of the concerned presiding officer called for by this Court. Moreover, the main accused, who has been shown as the leader of the gang, has already been enlarged on bail. Learned advocate Mr. Toliya has further submitted that the earlier bail application preferred by the applicant was not entertained on the ground that the present applicant remained absconded for 218 days while on temporary bail in an offence under Section 302 of the IPC registered in the year 2020. However, it is pertinent to note that the applicant has already been acquitted in the said offence, and therefore, the applicant is required to be enlarged on regular bail. Moreover, the other co-accused who had also jumped the temporary bail for more or less the similar period of time as that of the present applicant, and that too in GUJCTOC offence, has also been enlarged on bail. Under the circumstances, learned advoc