VIKTARBHAI S/O. JONEBHAI SHELATversusSTATE OF GUJARAT

      R/CR.MA/3535/2026                              ORDER DATED: 16/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
             AFTER CHARGESHEET) NO. 3535 of 2026

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                          VIKTARBHAI S/O. JONBHAI SHELAT
                                       Versus
                             STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR CHETAN B RAVAL(2090) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MR UTKARSH SHARMA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 16/03/2026

                                   ORAL ORDER


1.      Heard learned advocate Mr. Chetan Raval appearing on behalf of the
applicant, learned Additional Public Prosecutor Mr. Utkarsh Sharma
appearing on behalf of the respondent-State and learned advocate Mr.Dhruv
Thakkar, who has instructions to appear on behalf of respondent no.2 and
that he may be permitted to file his Vakalatnama.


2.      Rule. Learned APP waives service of rule on behalf of the
respondent-State and learned advocate Mr. Thakore waives service of rule
on behalf of respondent no.2.


3.      The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No. 11191024251473 of
2025 registered with Ramol Police Station, Ahmedabad City, for the offence
punishable under Sections 75(1) (I) of the BNS and Sections 7, 8 of the


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      R/CR.MA/3535/2026                                ORDER DATED: 16/03/2026




POCSO Act.



4.      Learned advocate for the applicant would submit that considering the
role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that since
the charge-sheet is filed no useful purpose would be served by keeping the
applicant in jail for indefinite period. It is further contended that the
applicant is ready and willing to abide by all the conditions that may be
imposed by this Court if released on bail.


5.      As against the same, learned Additional Public Prosecutor appearing
for the respondent – State and learned advocate for respondent no.2 have
vehemently objected to the grant of regular bail. Learned APP has
submitted that looking to the nature of offence and the role attributed to the
present applicant as coming out from the charge-sheet, this Court may not
exercise the discretion in favour of the applicant and the application may be
dismissed.



6.      I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:-

     i. The allegation in the FIR being of harassment and whereas it would
     appear that the parties have entered into a settlement, more particularly
     all the parties living in the same and according to the party, the FIR
     being result of the misunderstanding between the parties.
     ii. The fact of the present applicant being in custody since 13.12.2025
     and the charge-sheet having been laid by the Investigating Officer.



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     R/CR.MA/3535/2026                                     ORDER DATED: 16/03/2026




        This Court has taken into consideration the law laid down by the
Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of
Investigation reported in [2012] 1 SCC 40.



7.      In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the First Information
Report, without discussing the evidence in detail, prima facie, this Court is
of the opinion that this is a fit case to exercise the discretion and enlarge the
applicant on regular bail.

8.      Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with F.I.R. registered as C.R.
No.11191024251473 of 2025 registered with Ramol Police Station,
Ahmedabad City, on executing a bond of Rs.10,000/- (Rupees Ten
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;

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

     [d] not leave the State of Gujarat without prior permission of the
     Sessions Court concerned;

     [e] furnish the present address of residence to the I.O. and also to the
     Court at the time of execution of the bond and shall not change the
     residence without prior intimation to the I.O.;

     [f] mark presence once a month before the concerned police station for
     a period of six months.

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         R/CR.MA/3535/2026                                                              ORDER DATED: 16/03/2026




  9.         The Authorities will release the applicant only if he is not required in
  connection with any other offence for the time being. If breach of any of
  the above conditions is committed, the Sessions Court concerned will be
  free to take appropriate action in the matter.


  10.        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.        At the stage of trial, the trial court shall not be influenced by any
  observations of this Court which are of preliminary nature made at this
  stage, only for the purpose of considering the application of the applicant
  for being released on regular bail.


  12.        The application is allowed in the aforesaid terms. Rule is made
  absolute to the aforesaid extent. Direct service is permitted.




                                                                                          (NIKHIL S. KARIEL,J)
  Y.N. VYAS

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: YAGNESH NARENDRABHAI VYAS(HC00207), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/03/2026 11:42:17




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