DHRUVBHAI @ DHULO MAHENDRABHAI CHAVDAversusSTATE OF GUJARAT

      R/CR.MA/4275/2026                             ORDER DATED: 05/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 4275 of 2026

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               DHRUVBHAI @ DHULO MAHENDRABHAI CHAVDA
                               Versus
                      STATE OF GUJARAT & ANR.
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MR. JIGNESH D CHAVDA(14601) for the Applicant(s) No. 1
MR JK SHAH ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 05/03/2026

                              ORAL ORDER


1.      Heard learned advocate Mr. S.D. Moghariya appearing on behalf of
the applicant, learned Additional Public Prosecutor Mr. J.K. Shah appearing
on behalf of the respondent-State and learned advocate Mr. Dax K. Solanki
appearing on behalf of respondent no.2. Learned advocate Mr. Solanki
would submit that the complainant and the prosecutrix both are present in
the Court and whereas he has identified them. Learned advocate tenders
affidavits of the complainant and the prosecutrix. The same are ordered to
be taken on record.


2.      Rule. Learned APP waives service of rule on behalf of the
respondent-State and learned advocate Mr. Chavda 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


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      R/CR.MA/4275/2026                                ORDER DATED: 05/03/2026




Regular Bail in connection with FIR being C.R. No.11211050240608 of
2024 registered with Thangadh Police Station, Dist. Surendranagar, for the
offence punishable under Sections 137(1)(b), 87, 64(2)(i)(m), 70(2), 351(2),
54 of the BNS and Section 5(L), 6, 3(a), 5(g), 16 and 17 of 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. While the age of the prosecutrix is stated to be around 18 years 3
     months, the age of the present applicant being 22 years could not be
     ignored.
     ii. Prima facie, it would appear that the present is a case of love affair


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      R/CR.MA/4275/2026                                  ORDER DATED: 05/03/2026




     between the parties.
     iii. It also appears that the parties have settled the matter inter se and it
     also appears that the complainant and the prosecutrix in their
     depositions before the learned trial Court have rescinded from the
     statement given by them before the Investigating Officer.
     iv. The fact of the present applicant being in custody since 20.10.2024
     and the charge-sheet having been laid by the Investigating Officer.


        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.
11211050240608 of 2024 registered with Thangadh Police Station, Dist.
Surendranagar, 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;



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         R/CR.MA/4275/2026                                                              ORDER DATED: 05/03/2026




        [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 three months.


  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 07/03/2026 16:12:40


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