AATISHBHAI LALITBHAI LASHUBHAI DAMORversusSTATE OF GUJARAT

     R/CR.MA/5942/2026                                   ORDER DATED: 17/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 5942 of 2026

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                  AATISHBHAI LALITBHAI LASHUBHAI DAMOR
                                  Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
MR SUJAVAL H KOTWAL(12837) for the Applicant(s) No. 1
MR. FAIJAN. H. MEMON(14630) for the Applicant(s) No. 1
MR UTKARSH SHARMA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 17/03/2026

                                ORAL ORDER


1.     Heard learned advocate Mr.Faijan Memon appearing on

behalf      of    the    applicant    and      learned   Additional         Public

Prosecutor Mr.Utkarsh Sharma appearing on behalf of the

respondent-State.


1.1. At the outset, learned advocate Mr.Memon would submit

that the respondent no.2 has been wrongly joined as party

respondent and whereas, this Court may consider this

application without any reference to respondent no.2. Draft

amendment is also 'led to that e(ect. The request being

reasonable, is acceded to. Draft amendment is allowed. To be

carried out forthwith.




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     R/CR.MA/5942/2026                                ORDER DATED: 17/03/2026




2.     Rule. Learned APP waives service of rule on behalf of

the respondent-State.


3.     The applicant has 'led 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. 11199012250701/2025 registered with City B-

Division Police Station, Bharuch for the o(ence punishable

under Sections 64(1), 351(3), 74 of the BNS.


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 'led no useful purpose would be served by keeping

the applicant in jail for inde'nite 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         has

vehemently objected to the grant of regular bail. Learned APP



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      R/CR.MA/5942/2026                        ORDER DATED: 17/03/2026




has submitted that looking to the nature of o(ence 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 being that the applicant had committed

     rape / attempt to commit rate upon the prosecutrix.

     ii. The fact that the incident had happened at a place where

     number of people were present, more particularly, the

     applicant and the prosecutrix being construction workers

     and whereas, the husband of the prosecutrix also being

     present over there, places a question mark upon the

     version of the complainant.

     iii. Prima facie, even if the version of the complainant is to

     be accepted, then also, it might appear to be a case of a

     consensual relationship and not of a forcible relationship.

     iv. It also appears that the complainant had attempted to

     have the issue settled through the community meetings and

     whereas, the FIR had been 'led approximately seven days



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     after the date of the alleged incident on account of the

     same.

     v. The present applicant being in custody since 22.10.2025,

     charge-sheet having been 'led and the applicant not having

     any antecedents otherwise.


        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 't 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. 11199012250701/2025 registered with

City B-Division Police Station, Bharuch, on executing a bond

of Rs.15,000/- (Rupees Fifteen Thousand only)                     with one

surety of the like amount to the satisfaction of the trial Court


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     R/CR.MA/5942/2026                         ORDER DATED: 17/03/2026




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] not to enter District: Bharuch and Taluka:Garbada,

     Dahod for a period of six months except for the purpose of

     attending the trial.

     [g] mark presence once a month for a period of six months

     before Dahod Town A- Division Police Station, Dahod.


9.     The Authorities will release the applicant only if he is not

required in connection with any other o(ence for the time

being. If breach of any of the above conditions is committed,


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          R/CR.MA/5942/2026                                                        ORDER DATED: 17/03/2026




   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

   inDuenced 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)
   Bhoomi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 18/03/2026 12:00:01




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