VIKARAMJI SEDHAJI THAKARDAversusSTATE OF GUJARAT

      R/CR.MA/4222/2026                             ORDER DATED: 10/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                   CHARGESHEET) NO. 4222 of 2026

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                     VIKARAMJI SEDHAJI THAKARDA & ANR.
                                   Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR.DIPEN F CHAUDHARI(6740) for the Applicant(s) No. 1,2
MR HARDIK METHA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 10/03/2026

                                ORAL ORDER


1.      Heard learned advocate Mr. Dipen Chaudhari appearing on behalf of
the applicants, learned Additional Public Prosecutor Mr. Hardik Mehta
appearing on behalf of the respondent-State and learned advocate Mr.
Krupa Sathwara for learned advocate Mr. Bachani, who submits that the
learned advocate Mr. Bachani has instructions to appear on behalf of
respondent no.2 and has file his appearance on behalf of the respondent
No.2.


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


3.      The applicants have filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on
Regular Bail in connection with FIR being C.R. No.11195055260008 of


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      R/CR.MA/4222/2026                                 ORDER DATED: 10/03/2026




2026 registered with Vadgam Police Station, Dist. Banaskantha, for the
offence punishable under Sections 78(2), 351(3), 54 and 137(2) of the BNS
and Sections 12, 17 of the POCSO Act.


4.      Learned advocate for the applicants would submit that considering
the role attributed to the applicants, and nature of the allegation levelled, the
applicants may be enlarged on regular bail. It is further contended that the
applicants are 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 applicants, this Court may not exercise the discretion in favour of
the applicants 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 being of the applicants having abducted the victims in
     Verna Car and having forcibly made them eat chocolates and whereas it
     would appear that the investigation has revealed that the story of the
     complainant prima facie may not be true.
     ii. The fact of CCTV footage revealing that there were three girls, who
     had alighted from the car in question, which had stopped near the
     school, where the victims and the third girl were studying and whereas
     upon taking statement of the third girl, it would appear that the


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      R/CR.MA/4222/2026                                 ORDER DATED: 10/03/2026




     applicants were known to her and while they were passing by, the
     applicants had asked the third girl whether she would want to be
     dropped near the school and the said girl having accepted, the victims
     had also followed suit and all three having alighted near the school,
     where the applicants had stopped the car.
     iii. It also appears that the CCTV footage, as per the affidavit of the
     Investigating Officer, does not reveal that the victims were abducted or
     they were put inside the car, the victims were any manner under any
     threat or coercion.
     iv. The fact of there not appearing to be any overt act committed by the
     applicants.
     v. The age of the present applicants being 25 and 19 years, being
     custody since 04.02.2026, without any antecedents.

        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 applicants 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
applicants on regular bail.

8.      Hence, the present application is allowed. The applicants are ordered
to be released on bail in connection with F.I.R. registered as C.R.
No.11195055260008 of 2026 registered with Vadgam Police Station, Dist.
Banaskantha, on executing a bond of Rs.10,000/- (Rupees Ten Thousand
only) each with one surety of the like amount to the satisfaction of the trial


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      R/CR.MA/4222/2026                                   ORDER DATED: 10/03/2026




Court and subject to the conditions that they 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] not to enter Village: Mumanvas till the charge-sheet is filed.

      [g] mark presence once three months till the charge-sheet is filed and
      thereafter once a month for a period of six months before the concerned
      police station.

      (h) not to attempt and contact the victim in any manner.


9.       The Authorities will release the applicants only if they are 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


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         R/CR.MA/4222/2026                                                               ORDER DATED: 10/03/2026




  stage, only for the purpose of considering the application of the applicants
  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 12/03/2026 14:36:26




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