‘Dharmo Rakshati Rakshitah’: Vadodara court penalises Harni boat accused for violating Gujarat HC bail conditions

The court also issued “strict warning” to Shah to ensure that the “conditions laid down by the Gujarat HC are not violated henceforth or the liberty of bail misused.”

The court noted that Shah was granted conditional bail by the HC on September 30, 2024, and among the conditions was a restriction on movement, prohibiting Shah to “not leave the state of Gujarat without prior permission of the trial court concerned.”

Evidence of violation

The prosecution had moved the Vadodara court after Shah was spotted in Rajasthan’s Nathdwara on July 30, 2025. The court noted that the evidence gathered by the investigation officer regarding the violation of the bail condition by Shah had been sufficiently proven by the CCTV footage as well as copies of the Aadhar card of Shah’s wife and co-accused in the case, Nutan Shah, handed over to the Khadayata Atithi Bhavan, where they had stayed during their visit to Nathdwara.

The police also recorded the statement of Atithi Bhavan receptionist Ravindrasinh Madhavsinh Chudawat, who confirmed that Shah and Nutan had stayed in a room at their guest house.

The court order states, “It is clear from the facts presented that the accused, on July 30, had crossed the state border of Gujarat and went to Rajasthan without seeking any permission from the trial court or any competent court… It is clear that the accused has not complied with Para 11 (D) of the Gujarat High Court order. Under such circumstances, (given the precedent of the Supreme Court) the bail granted to the accused has to be cancelled… the court has to consider the situation reflected in the materials presented before it and decide if the accused has misused the liberty of bail, tampered with evidence or frustrated the justice completely…”

The court further said that it is the duty of the accused to completely comply with the “due process of justice” as the conditions are set forth while granting bail to maintain a “delicate balance” between the “process of trial principle, judicial process and integrity” freedom of movement,

The court considered the argument put forth by Shah’s lawyer that he had travelled to the Hindu shrine at Nathdwara for “religious and domestic compulsions” as part of his ailing mother’s “last wish” to visit the temple and pay obeisance to the deity. The court noted, “It has been brought on record that the mother of the accused, aged 85, passed away at (a private hospital in Vadodara) on September 11, 2025… The accused had travelled to Nathdwara on July 29, 2025 between 8pm to midnight and returned on July 30… It has not come to record that except in this instance, the accused has misused or (indulged in) misconduct or tampering of evidence… no such complaint has been made by the prosecution…”

Case so far

The Vadodara Special Investigation Team (SIT), formed to investigate the Harni boat capsize, based on the complaint filed by Executive Engineer Rajesh Chauhan of the Futuristic Cell of the VMC, had arrested a total of 20 accused in the case. The arrested persons included Binit Kotia of M/s Kotia Projects as well as Paresh Shah, who allegedly oversaw the day-to-day running of the lake zone.

The other partners of M/s Kotia Projects, including Paresh Shah’s wife Nutan, son Vatsal and daughter Vaishakhi, former VMC town planning officer Gopaldas Shah, Jatin Doshi and his two daughters-in-law Tejal Doshi and Neha Doshi, Dharmin Bhatani, Dipen Shah, Dharmil Shah, Bhimsinh Yadav, Vedprakash Yadav and Rashmikant Prajapati were also arrested in the case. Nilesh Jain of Dolphin Entertainment, who had been subcontracted to run the boating facility and childrens’ rides as well as Alpesh Bhatt of Tristar, who owned the boats and previously ran the recreation facility, along with Lake Zone Manager Manager Shantilal Solanki, and boatmen Nayan Gohil and Ankit Vasava were also among the 20 arrested persons in the case. All are out on bail.

The Vadodara Municipal Corporation (VMC), in February 2024, issued notices to six officials, including Chauhan and three others from its futuristic planning cell that awarded the work order to M/s Kotia Projects as well as east and north zone officials. In July, the General Administration Department of the VMC moved a proposal before the General Board to decide on punitive action to be initiated against Executive Engineer of the Futuristic Cell, Rajesh Chauhan, who has been found “guilty” in the disciplinary inquiry initiated against him in the case of the boat mishap. Recently, as part of the penalty imposed on Chauhan — who retired from service in August last year — it has been decided to deduct Rs 5,000 per month from Chauhan’s retirement pension.