VIJAYKUMAR @BHUVAJI KHANABHAI KARAMSIBHAI CHAUHAN (DARJI)versusSTATE OF GUJARAT

      R/CR.MA/5052/2026                             ORDER DATED: 10/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                   CHARGESHEET) NO. 5052 of 2026

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             VIJAYKUMAR @BHUVAJI KHANABHAI KARAMSIBHAI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR. JV PADHIYAR(6966) for the Applicant(s) No. 1
MS. HETAL V SANKHALA(15409) for the Applicant(s) No. 1
MR HARDIK MEHTA 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. J.V. Padhiyar appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr. Hardik Mehta
appearing on behalf of the respondent-State.


2.      Rule. Learned APP waives service of rule on behalf of the
respondent-State.


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. 11996003260100 of
2026 registered with Deodar Police Station, Dist. Banaskantha, for the
offence punishable under Sections 69, 64(2)(m), 64(2)(f), 351(2)(3) of the
BNS.




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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 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 has 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, 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 being that the applicant had coerced the victim into
             establishing physical relationship and whereas it would appear to
             this Court that the applicant herein and the complainant may have
             had an extramarital relationship and later on, for reasons best
             known to the complainant, the present FIR is filed.

     (ii)    The fact of the FIR itself narrating that the complainant going along
             with the applicant to various hotels at the behest of the applicant.

     (iii) The fact of applicant himself being a distant relative of the
             complainant and whereas while the coercion could be alleged once
             when offence continues over a period of time, then prima facie, it
             would appear to this Court that the same is a continuing
             extramarital relationship.

     (iv) The fact of the co-accused having been released by this Court vide

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            order dated 09.03.2026 and whereas this Court having noticed that
            the relationship with the present applicant, may be a case of
            extramarital affair.

     (v)    The fact of the applicant being in custody since 10.02.2026 and
            having no 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 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.11996003260100 of 2026 registered with Deodar Police Station, Dist.
Banaskantha, on executing a bond of Rs.25,000/- (Rupees Twenty Five
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

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         R/CR.MA/5052/2026                                                              ORDER DATED: 10/03/2026




       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 week till the charge-sheet is filed and thereafter
       once a month for a period of six months before the concerned police
       station.


 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 11/03/2026 13:07:09




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