2026 Supreme(Online)(Guj) 18384
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
JITENDRASINH NARANSINH RATHODV/sSTATE OF GUJARAT
R/CR.MA/12854/2026
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NEUTRAL CITATION
R/CR.MA/12854/2026 ORDER DATED: 24/06/2026
0.09299547566657451
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL -
BEFORE CHARGESHEET) NO. 12854 of 2026
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JITENDRASINH NARANSINH RATHOD
Versus
STATE OF GUJARAT
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Appearance:
MR. ASARAR L. MANSURI(18390) for the Applicant(s) No. 1
MR. VATSAL D. RUPAREL(14194) for the Respondent(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 24/06/2026
ORDER
(1) The present application has been filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular bail in connection with FIR being C.R.
No.11202057250613 of 2025 registered with Sikka Police
Station, District - Jamnagar, for the offence under Sections
336(2), 336(3), 338, 339, 340(2), 242 and 61(2)(a) of the
Bharatiya Nyaya Santita.
(2) Heard learned Advocate Mr. A. L. Mansuri, for the applicant,
learned APP Mr. H. K. Patel, for the respondent – State and
learned Advocate Mr. V. D. Ruparel, for the original complainant.
(3) Learned advocate appearing on behalf of the applicant has
submitted that the applicant is a practicing Advocate from last
22 years and has been falsely enroped in the present offence for
preparing false document and using the same as genuine in the
Sub-Registrar Office and transferred the agricultural land in their
name and taken possession by submitting false and bogus
document. In this regard complaint came to be lodged. Except
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rendering the professional services no role is attributed to the
applicant. The complaint is filed after inordinate delay of eight
months and no any material shows involvement of the of the
applicant. The co-accused have been released on bail. Hence,
considering the nature of the offence, the applicant may be
enlarged on regular bail by imposing suitable conditions.
(4) Learned APP for the respondent-State as well as learned
Advocate for the original complainant have opposed the present
application on the ground that this is not a case wherein
investigation is completed. Co-accused released after filing of
the charge-sheet qua them. Initially, the applicant has filed
anticipatory bail but as the Court was not inclined to allow the
bail the applicant has withdrawn the application and
subsequently he was arrested. Even as per column no.2 of the
charge-sheet investigation is still going on and the applicant is
recently arrested on 22.05.2026 and other co-accused are yet to
be arrested. The applicant has not rendered professional service
as he is the kingpin and mastermind of the offence. The
applicant has hatched conspiracy and identified one complainant
and prepared forged document. He has also received
consideration towards said transaction in which Rs.15 lakhs was
transferred in the account of wife and remaining amount was
received and distributed amongst the co-accused. The offence is
punishable with life imprisonment and there is every possibility
that, if the applicant is released on bail, he will try to tamper
with the evidence. Hence, they have requested to dismiss the
present application.
(5) Heard the learned advocates appearing for the respective parties
and perused the investigation papers.
(6) While deciding bail application, the Court has to consider the
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involvement of the accused in the alleged offence, the
jurisdiction to grant bail has to be exercised on the basis of the
well settled principles having regard to the facts and
circumstances of each ca