GHANI HUSENBHAI KUMBHARversusSTATE OF GUJARAT

    R/CR.MA/13319/2026                               ORDER DATED: 14/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 13319 of 2026
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                  GHANI HUSENBHAI KUMBHAR
                               Versus
                   STATE OF GUJARAT & ANR.
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Appearance:
MR AAKASH K MODH(9791) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR SUNIL B DAVE(9936) for the Respondent(s) No. 2
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
                        Date : 14/08/2026
                                 ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is ;led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No.11993010260133 of 2026 registered with
Rapar Police Station, Kachchh East-Gandhidham for the oBences
punishable under Sections 64(2)(m), 137(2), 115(2) and 351(3) of the
Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and sections 4, 6 and 18 of
the POCSO Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the oBence and now
nothing is required to be recovered or discovered. He therefore submits
that, considering the nature of the oBence, the applicant may be enlarged
on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State and
learned advocate for the original complainant have opposed the present
application and requested to dismiss the present application for regular bail
looking to the nature and gravity of the oBence.


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      R/CR.MA/13319/2026                                   ORDER DATED: 14/08/2026




[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged oBence, 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 case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:
(1)       The allegation is that while the victim, who at the time of incident
          was aged 17 years and 9 months, was sleeping at her home, present
          applicant came and forcibly abducted the victim and took her away
          and it is alleged that applicant committed the oBence of rape on the
          victim. Thereafter, parents of victim found her out and brought her
          back to her parental home however, perusing the statement of
          victim recorded under Section 183 of the BNSS, it appears that prior
          to incident, under threat of killing brother of victim, applicant –
          accused used to develop physical relations with the victim however,
          now investigation is over and charge-sheet is ;led;

(2)       Applicant is behind the bars since 15.04.2026;

(3)       There is nothing to be recovered or discovered from the applicant;

(4)       Though the applicant is having past antecedent, he is presumed


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      R/CR.MA/13319/2026                                     ORDER DATED: 14/08/2026




               to be innocent till proven guilty;

(5)            Victim is already examined by the learned trial Court and obviously
               commencement and conclusion of trial will take some time;

[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, without discussing
the evidence in detail, prima facie, this Court is of the opinion that this is a ;t
case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed. The applicant is ordered to be
released          on   regular   bail   in   connection    with   FIR    being         C.R.
No.11993010260133 of 2026 registered with Rapar Police Station,
Kachchh East-Gandhidham on executing a personal bond of Rs.25,000/-
(Rupees Twenty-;ve Thousand only) with ONE SURETY of the like amount
to the satisfaction of the trial Court and subject to the conditions that he
shall;
         (a)      not take undue advantage of liberty or misuse liberty;

         (b)      not act in a manner injurious to the interest of the prosecution &
                  shall not obstruct or hamper the police investigation and shall
                  not to play mischief with the evidence collected or yet to be
                  collected by the police;

         (c)      surrender passport, if any, to the Trial Court within a week;



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       R/CR.MA/13319/2026                                                           ORDER DATED: 14/08/2026




        (d)       not leave the territory of State of Gujarat without prior
                  permission of the Trial Court concerned;

        (e)       mark presence before the concerned Police Station once in a
                  month for a period of six months between 11.00 a.m. and 2.00
                  p.m.;

        (f)       furnish the copy of Aadhaar card, email ID/contact number /
                  permanent and present address of his residence to the
                  Investigating OMcer and also to the Court at the time of
                  execution of the bond and shall not change the residence and
                  contact number/SIM card without prior permission of Trial
                  Court;

        (g)       not to indulge in any illegal activity failing which learned trial
                  Court shall issue warrant and cancel the bail of the applicant.

        (h)       not to enter Taluka Rapar till the trial is over except for
                  marking presence before the concerned police station and/or
                  for attending the court proceedings.


[9.0] The authorities will release the applicant only if he is not required in
connection with any other oBence 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.

[10.0]               Bail bond to be executed before the 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.

[11.0]               At the trial, the trial Court shall not be inNuenced by the
observations of preliminary nature qua the evidence at this stage made by
this Court while enlarging the applicant on bail.

[12.0]               Rule is made absolute to the aforesaid extent. Direct service is
permitted.


                                                                         (HASMUKH D. SUTHAR, J.)
Ajay
       Original copy of this order has been signed by the Hon'ble Judge.
       Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/08/2026 16:33:39



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