IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S. Kariel, J
RAGHUBHA BALVANTSINH GOHILV/sSTATE OF GUJARAT
CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2026 | R/CRIMINAL MISC.APPLICATION NO. 25043 of 2025
| Table of Content |
|---|
| 1. the applicant remained incarcerated despite a bail order due to an inability to provide the required surety. (Para 1 , 2 , 3 , 4) |
| 2. modification of bail conditions to a personal bond and reporting requirements to ensure release. (Para 5 , 6) |
IA ORDER
1. Heard learned Advocate Mr. Samir Bundela on behalf of the applicant and learned Additional Public Prosecutor Mr. J.K. Shah on behalf of the respondent- State.
2. Rule. Learned APP waives service of rule on behalf of the respondent – State.
3. The present applicant being arraigned as an accused in connection with FIR being C.R. No. 11198059230317 of 2023 registered with Umrala Police Station, Bhavngar for the offences punishable under Sections 325 and 326 of the Indian Penal Code and Section 135 of the Gujarat Police Act, and having been arrested in connection with the same, and his application for regular bail having been rejected by the learned Trial Court, had approached this Court by preferring Criminal Misc. Application No. 25043 of 2025 and whereas vide an order dated 01.12.2025, this Court had enlarged the present applicant on regular bail.
4. It would appear that one of the conditions imposed was that the present applicant would execute bond of Rs. 10,000/- with one surety of the like amount. It is submitted that since the applicant could not get a surety for Rs. 10,000/-, the applicant could not be released inspite of order of this Court dated 01.12.2025. It is also pointed out that the present applicant had moved an application before the learned Trial Court, for modification of the conditions and whereas the learned Trial Court, coming to a conclusion that the condition, being an integral part of the order and not being a condition which could be modified had rejected the same.
5. Considering the fact that the applicant though having been directed to be released vide an order dated 01.12.2025, has not been released till date that is even after a period of five months, this Court is inclined to allow this application albeit with appropriate safeguards .
“Paragraph no. 9 of order dated 01.12.2025 in Criminal Misc. Application No. 25043 of 2025 is modified to the extent that the applicant shall be released on exercising a personal bond of Rs.10,000/-. Furthermore, the applicant is directed to mark his presence at the concerned Police Station for a period of once a month for a period of six months. The above shall be treated as part fo the order.”
6. With the above direction the application stands disposed of as allowed.
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