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NEUTRAL CITATION

R/CR.MA/14505/2021 CAV ORDER DATED: 14/05/2026

0.8167919713528761

Reserved On : 05/03/2026

Pronounced On : 14/05/2026

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.

14505 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI

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Approved for Reporting Yes No

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STATE OF GUJARAT

Versus

RASHID UMARJI VALIBHAI PATEL

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Appearance:

MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Applicant(s) No.

1

MR DEVANSH KAKKAD FOR MR ADILHUSHAIN M SAIYED(9723) for the

Respondent(s) No. 1

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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI

DESAI

CAV ORDER

1. The applicant State has filed the present application

under Section 439(2) and 482 of the Code of Criminal

Procedure, 1973 for cancellation of regular bail granted

to the respondent – accused, who is shown as accused no.

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NEUTRAL CITATION

R/CR.MA/14505/2021 CAV ORDER DATED: 14/05/2026

0.8167919713528761

3 in the FIR, by the 4^th Additional Sessions Judge,

Bharuch vide order passed in Criminal Misc. Application

No. 387 of 2021 on 31.05.2021. It is pertinent to observe

that, the FIR came to be registered by Nabipur Police

Station, Bharuch vide C.R. No. 11199038200048 of 2020

under Sections 302, 394, 201, 120B and 114 of the Indian

Penal Code, 1860 against 6 accused persons.

2. Heard learned APP Ms. Jirga Jhaveri for the

applicant State, who has submitted that, only because the

body of the deceased was not found and further

investigation was in progress, the learned Sessions Court

had granted bail to the respondent. The said order was

ex-facie, illegal, perverse and erroneous.

2.1 Ms. Jhaveri has further submitted that, the entire

incident was captured on CCTV and the footages were

recovered by the Investigation Officer. The reasons given

by the learned Sessions Judge, while enlarging the

respondent accused on bail are not tenable, and

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NEUTRAL CITATION

R/CR.MA/14505/2021 CAV ORDER DATED: 14/05/2026

0.8167919713528761

accordingly, this application be allowed and the bail,

which was granted to the respondent – accused by the

learned 4^th Additional Sessions Judge of Bharuch be

cancelled, and he be arrested and remitted to custody.

3. Heard learned advocate Mr. Devansh Kakkad on

behalf of Mr. Adilhushain M. Saiyed for the respondent –

accused. Mr. Kakkad has submitted that, the order

passed by the learned 4^th Additional Sessions Judge is

exhaustive, wherein, the learned Judge had discussed all

the aspects of the investigation, which was carried out,

and thereafter, relying upon the factual aspects coupled

with the legal proposition, had enlarged the respondent

accused on bail, subject to conditions. According to Mr.

Kakkad, the order passed by the learned Additional

Sessions Judge being just, valid, legal and proper, does

not require any interference from this court, and

accordingly, this application should be rejected.

4. As per the prosecution case, the accused nos. 1 and

2, namely, Sufiyaben Patel and Sumaiyaben Patel had

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NEUTRAL CITATION

R/CR.MA/14505/2021 CAV ORDER DATED: 14/05/2026

0.8167919713528761

borrowed money from the deceased Mohammad Umarji

Chetan. Accused Sufiyaben Patel had called up the

deceased to collect the money which was lent to her, and

accordingly, the deceased was called at accused no. 2 –

Sumaiyaben’s house, pursuant to which, the deceased

had come to accused no. 2 – Sumaiyaben’s house,

however thereafter, he had never returned. It is the case

of the prosecution that, on verif