High Court of Gujarat
ANANADKUMAR @ SHIVAM MANGAL DASversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The Court held that, on the basis of the prima facie case and the applicant’s personal circumstances, regular bail could be granted despite the filing of the charge‑sheet.
Summary
The petitioner, Anananad Kumar, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2012 for alleged sexual offences. He applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after the charge‑sheet had been filed. The court noted that the applicant is a permanent resident of Maharashtra, has no prior criminal record, and that the victim’s family had agreed to his marriage upon her attaining majority. Considering that the investigation was complete, the charge‑sheet filed, and that stringent bail conditions could mitigate any risk, the court found a prima facie case suitable for bail. Accordingly, the court granted regular bail on a bond of Rs.25,000 with one surety and imposed conditions such as surrendering passport, not leaving Gujarat without permission, and not committing similar offences.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for offences under the Bharatiya Nyaya Sanhita and the POCSO Act.
- Whether the applicant’s personal circumstances, lack of criminal antecedents, and the victim’s family arrangement justify the grant of bail.
- Whether imposing strict conditions can sufficiently safeguard the trial process and prevent flight risk.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 483
- Bharatiya Nyaya Sanhita, 2023s. 137(2), s. 332(A), s. 64(2)(M), s. 75(2), s. 87
- Protection of Children from Sexual Offences Act, 2012s. 10, s. 12, s. 3(A), s. 4, s. 5(L), s. 6, s. 8, s. 9(L)
Subjects
regular bailcharge sheetsexual offencesPOCSO ActBharatiya Nyaya SanhitaBharatiya Nagarik Suraksha Sanhitabail conditionsGujarat High Court
Judgment
R/CR.MA/7843/2026 ORDER DATED: 07/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7843 of 2026
==========================================================
ANANANADKUMAR @ SHIVRAM MANGAL DAS
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SAGAR D VAGHASIYA(13308) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
MR JAY R. RIBADIYA for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 07/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
appearing on behalf of the respondent-State.
2. Mr. Jay R. Ribadiya, learned advocate is permitted
to file his vakalatnama on behalf of the original
complainant – respondent No.2.
3. Rule. Learned APP waives service of rule on behalf
of the respondent-State.
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R/CR.MA/7843/2026 ORDER DATED: 07/04/2026
4. 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. 11210008250807 of
2025 registered with Sarthana Police Station, District
Surat for the offence punishable under Section 137(2),
75(2), 87, 64(2)(M) and 332(A) of the Bharatiya Nyaya
Sanhita, 2023 and under Section 3(A), 4, 5(L), 6, 8, 9(L),
10 & 12 of The Protection of Children from Sexual
Offenses Act, 2012.
5. 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, further incarceration of
the applicant will not benefit the Investigation Officer in
any manner. 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.
6. Learned advocate for the applicant, upon
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R/CR.MA/7843/2026 ORDER DATED: 07/04/2026
instructions, submitted that the applicant will not leave
the State of Gujarat till the trial is over.
7. 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 as
coming out from the charge-sheet, this Court may not
exercise discretion in favour of the applicant and the
application may be dismissed.
8. I have heard learned advocates appearing on behalf
of the respective parties and perused the papers.
Following aspects are considered:-
i. The applicant was a permanent resident of Puna,
Maharashtra and he would be available at the time of
trial;
ii. The applicant does not have any criminal
antecedents;
iii. The original complainant who is the father of the
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R/CR.MA/7843/2026 ORDER DATED: 07/04/2026
victim is present before the Court. He has submitted
his affidavit, which is taken on record. He has
affirmed the averments of the said affidavit and has
submitted that, his daughter as well as the applicant,
both, hail from the same community, and it has been
decided by the elders of both the families that, the
victim who is aged 17 years, 6 months, upon
completion of 18 years would be marrying the
applicant.
iv. The apprehension of the learned APP regarding
non-availability of the applicant at the time of trial
can be put to rest by imposing stringent conditions.
v. Further, the investigation is completed and charge-
sheet has been filed.
9. 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.
10. 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
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R/CR.MA/7843/2026 ORDER DATED: 07/04/2026
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.
11. Hence, the applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11210008250807 of 2025 registered with Sarthana Police
Station, District Surat, on executing a bail 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 his passport, if any, to the trial court
within a week, and if he does not possess a passport,
he shall file an affidavit to that effect;
[d] furnish the present address of his residence to the
I.O. and to the Court at the time of execution of the
bond and shall not change his residence without prior
intimation to the I.O. and the court;
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R/CR.MA/7843/2026 ORDER DATED: 07/04/2026
[e] not indulge in similar kind of offence hereinafter,
for which, he shall file an affidavit before the
concerned court and the police station.
[f] not leave the State of Gujarat without prior
permission of the Trial Court concerned;
12. 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 at
liberty to take appropriate action in accordance with law.
13. Bail bond to be executed before the trial 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.
14. At the stage of trial, the competent 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 enlarging the applicant on regular bail.
The application is allowed in the aforesaid terms. Rule is
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R/CR.MA/7843/2026 ORDER DATED: 07/04/2026
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAYA SHANKERLAL CHAUHAN(HC01402), PRIVATE SECRETARY, at High Court of Gujarat on 08/04/2026 15:53:03
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