RAKESHKUMAR BUDHSINH BARIYAversusSTATE OF GUJARAT

   R/CR.MA/12486/2026                                         ORDER DATED: 15/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 12486 of 2026

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                        RAKESHKUMAR BUDHSINH BARIYA
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
Mr VINAY VISHEN, APP for the respondent(s) no. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                 Date : 15/07/2026

                                      ORDER


[1.0] RULE. Learned APP waives service of rule for the
respondent-State.            Though   duly          served,   none     appears          for
respondent No.2.

[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.
11196043250431 of 2025 registered with Kapurayi Police
Station, Vadodara, for the offences under Sections 137(2), 87
and 64(2)m of the BNS and Sction 4(2), 5(1), 6 and 8 of the
POCSO Act.

[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Nothing is required to be recovered or
discovered. He therefore submits that, considering the nature of
the offence, the applicant may be enlarged on regular bail by


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   R/CR.MA/12486/2026                          ORDER DATED: 15/07/2026




imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State
has opposed the present application and requested to dismiss
the present application for regular bail on the ground that the
applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to
entertain present bail application. Therefore, present application
does not deserve consideration.

[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:


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      R/CR.MA/12486/2026                                ORDER DATED: 15/07/2026




         (1)     Investigation is over and charge-sheet is filed;
         (2)     Applicant is behind the bar since 17.07.2025;
         (3)     There is nothing to be recovered or discovered from
         the     applicant;
         (4)     The applicant was 23 years old at the time of the
         incident, whereas the victim was 15 years old. Both of
         them had eloped and stayed at different places;
         (5)     Obviously commencement and conclusion of trial will
         take its own time.

[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


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   R/CR.MA/12486/2026                            ORDER DATED: 15/07/2026




released on regular bail in connection with FIR being C.R. No.
11196043250431 of 2025 registered with Kapurayi Police
Station, Vadodara, 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;
  (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


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         R/CR.MA/12486/2026                                                 ORDER DATED: 15/07/2026




                 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)
   ALI




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 15/07/2026 14:30:22




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