AJAYBHAI HAMIRBHAI CHAUHANversusSTATE OF GUJARAT

     R/CR.MA/11285/2026                                     ORDER DATED: 26/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 11285 of 2026

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                          AJAYBHAI HAMIRBHAI CHAUHAN
                                     Versus
                            STATE OF GUJARAT & ANR.
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Appearance:
MR. RAJKUMAR N DAVE(14054) for the Applicant(s) No. 1
MS UNNATI V PAREKH(12781) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
MS MAITHILI MEHTA, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                   Date : 26/05/2026

                                    ORAL ORDER


1.      At the outset, learned APP, pursuant to the request
        received from the complainant-victim, requested this
        Court to suspend the live streaming of the proceedings
        of this case, which is under the POCSO Act, and
        therefore, the live streaming was suspended during the
        hearing of this application.


1.1     Heard learned advocate for the applicant and learned
        APP for the respondent – State.


2.      By this application filed under Section 483 of the
        Bhartiya          Nagrik     Suraksha          Sanhita,       2023,       the
        applicant         is   seeking     release     on    regular       bail       in
        connection with the FIR bearing No. 11186002260202
        of 2026, registered with Kodinar Police Station for the

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     R/CR.MA/11285/2026                                 ORDER DATED: 26/05/2026




        offences punishable under Sections 64(2)(m), 87 and
        137(2) of the Bhartiya Nyay Sanhita, 2023 and
        Sections 4, 6, 10 and 12 of the Protection of Children
        from Sexual Offences Act, 2012.


3.      Learned advocate for the applicant submitted that, the
        applicant is not involved in commission of offence as
        alleged in the FIR and therefore, looking to the role of
        the applicant and nature of the allegations, the
        applicant is required to be enlarged on regular bail by
        imposing suitable terms and conditions.


4.      On the other hand, learned APP appearing for the
        respondent – State vehemently submits that, the
        offences, which have been charged, are serious in
        nature affecting the society at large and looking to the
        facts as well as the allegations made against the
        applicant, no discretion would be required to be
        exercised.


5.      In the facts and circumstances of the case and
        considering the nature of allegations, this Court is of
        the opinion that, discretion is required to be exercised
        to enlarge the applicant on regular bail. This Court has
        considered        the   following       facts   while       exercising
        discretion in favour of the applicant :-



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     R/CR.MA/11285/2026                          ORDER DATED: 26/05/2026




        (i)     the applicant is in jail since 15.02.2026;


        (ii)    the investigation is over and the charge-sheet is
                filed;


        (iii)   no past antecedent;


        (iv)    prima-facie, it seems that this is a case of love
                affair, as in the FIR, itself, the complainant –
                victim has stated that she came into contact with
                the present applicant through a social media
                application and they used to meet each other,
                however, the same is subject to evidence;


6.      In view of the aforesaid facts, without discussing the
        evidence in detail, this Court, prima facie, is of the
        opinion that, this is a fit case to exercise the discretion
        and enlarge the applicant on regular bail. Hence,
        present application is allowed and the applicant is
        ordered to be released on regular bail in connection
        with the FIR, bearing No. 11186002260202 of 2026,
        registered with Kodinar Police Station, on executing
        personal bond of Rs.10,000/- (Rupees Ten thousand
        only) with one surety of the like amount to the
        satisfaction of the learned Trial Court and subject to
        the conditions that he shall;



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     R/CR.MA/11285/2026                                ORDER DATED: 26/05/2026




        [a]     not take undue advantage of liberty or misuse
                liberty;


        [b]     not act in a manner injuries to the interest of the
                prosecution;


        [c]     surrender passport, if any, to the lower court
                within a week;


        [d]     not leave India without prior permission of the
                Sessions Judge concerned;


        [e]     furnish    latest    address      of   residence       to    the
                Investigating Officer and also to the Court at the
                time of execution of the bond and shall not
                change the residence without prior permission of
                the trial Court;


        [f]     mark his presence before the concerned police
                station in the first week of every month till the
                trial is over;


        [g]     shall not enter Kodinar Taluka for the period of
                six months from the date of this order;


7.      The Authorities will release the applicant only if the
        applicant is not required in connection with any other


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      R/CR.MA/11285/2026                                                    ORDER DATED: 26/05/2026




          offence for the time being. If breach of any of the above
          conditions             is      committed,               the        Sessions             Judge
          concerned will be free to issue warrant or take
          appropriate action in the matter. Bail bond to be
          executed before the learned Lower Court having
          jurisdiction to try the case. It will be open for the
          concerned Court to delete, modify and/or relax any of
          the above conditions, in accordance with law. At the
          trial, learned Trial Court shall not be influenced by the
          observations of preliminary nature, qua the evidence at
          this stage, made by this Court while enlarging the
          applicant on bail.


8.        Rule is made absolute to the aforesaid extent. Direct
          service is permitted.


                                                                              (NIRZAR S. DESAI,J)
UMESH/-



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 26/05/2026 13:25:16




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