NITISHKUMAR RAMUCHIT SUKHDEV PRASADversusSTATE OF GUJARAT

    R/CR.MA/12065/2026                                 ORDER DATED: 03/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 12065 of 2026
==========================================================
                NITISHKUMAR RAMUCHIT SUKHDEV PRASAD
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 03/07/2026

                                   ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11993006260238 of 2026 registered
with Gandhidham A Division Police Station, Kachchh, for the offences
under Sections 69, 318(4) and 64(2)(m) of BNS.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Investigation is over and chargesheet has been filed. Nothing is required to
be recovered or discovered. The applicant has no past antecedent.
Allegation against the applicant is that the applicant and victim were came
in contact and under the pretext of marriage, developed physical relation.
Not only that, under the pretext of purchase a house on the name of victim,
the applicant obtained Rs.1 lakh from the victim and then did not purchase
the house. In this regard, FIR came to be lodged. He therefore submits that,
considering the nature of the offence, the applicant may be enlarged on
regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed
the present application and has prayed for its dismissal. It is submitted that,


                                   Page 1 of 4
    R/CR.MA/12065/2026                                    ORDER DATED: 03/07/2026




though both the applicant and the victim are majors, the applicant, on the
false promise of marriage, established a physical relationship with the victim
and induced her to part with money on the pretext of purchasing a house. It
is further submitted that the applicant subsequently refused to purchase
the house as well as to marry the victim. Therefore, it is contended that the
present application does not deserve to be considered for the grant of
regular bail.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:

       (1)      Investigation is over and charge-sheet is filed;
       (2)      Applicant is behind the bar since 27.02.2026;
       (3)      There is nothing to be recovered or discovered from the
                applicant;
       (4)      No past antecedent ;.
       (5)      Obviously commencement and conclusion of trial will take
                its own time.


                                     Page 2 of 4
    R/CR.MA/12065/2026                                      ORDER DATED: 03/07/2026




         (6)     The victim is 43 years old and applicant is 31 years old. Both are
                 major and entered into physical relationship.
[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R. No.
11993006260238 of 2026 registered with Gandhidham A Division Police
Station, Kachchh on executing a personal 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/she shall;

   (a)         not take undue advantage of liberty or misuse liberty;
   (b)         not act in a manner injurious to the interest of the prosecution &
               shall not obstruct or hamper the police investigation and shall not
               to play mischief with the evidence collected or yet to be collected
               by the police;
   (c)         surrender passport, if any, to the Trial Court within a week;
   (d)         not leave the State of Gujarat without prior permission of the Trial
               Court concerned;



                                        Page 3 of 4
          R/CR.MA/12065/2026                                                        ORDER DATED: 03/07/2026




         (e)       mark presence before the concerned Police Station once in every
                   month for a period of six months between 11.00 a.m. and 2.00
                   p.m.;
         (f)       furnish the Aadhaar card, email ID/present address of his
                   residence to the Investigating Officer and also to the Court at the
                   time of execution of the bond and shall not change the residence/
                   contact number without prior permission of Trial Court;
         (g)       not to indulge in any illegal activity failing which learned trial
                   Court shall issue warrant and cancel the bail of the applicant.
         (h)       Not to contact or try to contact directly or indirectly the
                   complainant/victim/witnesses connected with the offence.

    [9.0] 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 Judge concerned will be free to
    issue warrant or take appropriate action in the matter.

    [10.0] 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.

    [11.0] At the trial, the trial Court shall not be influenced by the observations
    of preliminary nature qua the evidence at this stage made by this Court
    while enlarging the applicant on bail.

    [12.0] Rule is made absolute to the aforesaid extent. Direct service is
    permitted.



                                                                             (HASMUKH D. SUTHAR,J)

    SUCHIT




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 03/07/2026 17:45:40

                                                       Page 4 of 4