DHARMENDRA JITENDRABHAI PARMARversusSTATE OF GUJARAT

 R/CR.MA/19436/2026(GJHC240630112026)                     ORDER DATED: 21/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 19436 of 2026
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                    DHARMENDRA JITENDRABHAI PARMAR
                                 Versus
                           STATE OF GUJARAT
==========================================================
Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 21/08/2026

                                 ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present successive 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. 11189003261006 of 2026 registered
with A Division Morbi City Police Station, Morbi, for the o1ences under
Sections 64(2)(m), 64(2)(1), 87, 115(1), 351(2) and 351(3) of BNS.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the o1ence.
Investigation is over and chargesheet has been "led. Nothing is required to
be recovered or discovered. The applicant has no past antecedent. The
applicant has not committed any o1ence as alleged against him nor any
force made by the applicant. He therefore submits that, considering the
nature of the o1ence, the applicant may be enlarged on regular bail by
imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed
the present application and has prayed for its dismissal. It is submitted that,
though the victim was major and was in relationship with the applicant, the
applicant has assaulted her and caused injuries. Considering the nature of
o1ence, application does not deserve to be considered for the grant of



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 R/CR.MA/19436/2026(GJHC240630112026)                       ORDER DATED: 21/08/2026




regular bail.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged o1ence, 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)      Investigation is over and charge-sheet is "led;
       (2)      Applicant is behind the bar since 29.05.2026;
       (3)      There is nothing to be recovered or discovered from the
                applicant;
       (4)      No past antecedent ;.
       (5)      Obviously commencement and conclusion of trial will take
                its own time.
       (6)      Both the applicant and victim were working in Croma Store for
                one year and that period, they came in contract and
                relationship was developed. Initially, there was consensual
                relationship and with consent, physical relation was made. But
                subsequently, due to some di1erences, assault was made.
                Victim was major and discharged from the hospital and out of


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               danger.
[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.
11189003261006 of 2026 registered with A Division Morbi City Police
Station, Morbi, 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/she 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;
   (d)     not leave the State of Gujarat without prior permission of the Trial
           Court concerned;
   (e)     mark presence before the concerned Police Station once in every



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    R/CR.MA/19436/2026(GJHC240630112026)                                             ORDER DATED: 21/08/2026




                 month for a period of six months between 11.00 a.m. and 2.00
                 p.m.;
       (f)       furnish the Aadhaar card, email ID/present address of his
                 residence to the Investigating OGcer and also to the Court at the
                 time of execution of the bond and shall not change the
                 residence/contact number 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 contact or try to contact directly or indirectly the
                 complainant/victim/witnesses connected with the o1ence.
       (I)       not to enter into village Morbi till recording of evidence of the
                 victim is recorded except for marking presence before the
                 concerned police station and/or for attending Court;

  [9.0] The authorities will release the applicant only if he is not required in
  connection with any other o1ence 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 inIuenced 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)
  SUCHIT



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 21/08/2026 15:28:01

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