ASHABEN MANSUKHBHAI HIRPARA (PATEL)versusSTATE OF GUJARAT

   R/CR.MA/17432/2026                                               ORDER DATED: 31/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 17432 of 2026

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               AASHABEN MANSUKHBHAI HIRPARA (PATEL)
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                     Date : 31/07/2026

                                           ORDER

[1.0] Mr. Hemant B. Raval, learned advocate states that he has
instructions to appear for the original complainant and seeks
permission      to      file   his    appearance.          Registry        to    accept       his
vakalatnama.


[2.0] RULE.         Learned          APP    waives        service     of    rule      for     the
respondent-State.              Learned       advocate           appearing       for   original
complainant waives service of rule on his behalf.


[3.0] 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.11210045260899 of 2026 registered with Pandesara Police
Station, Surat City for the offences punishable under Sections
328, 384, 386, 388, 120(B), 34, 506(2), 504 and 114 of the Indian
Penal Code, 1860 (for short “IPC”).


[4.0] Learned advocate appearing on behalf of the applicant



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submits that applicant is innocent and has been falsely implicated
in the offence and now 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
imposing suitable conditions.


[5.0] Learned APP appearing on behalf of the respondent-State
and learned advocate appearing for the original complainant
opposed the present application and requested to dismiss the
present application for regular bail looking to the nature and
gravity of the offence.


[6.0] 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.


[7.0] 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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(1)       The allegation is that the accused persons by hatching
          conspiracy shot nude video clip of the complainant and
          under the pretext of blackmailing the complainant by
          booking him in rape case extorted money in cash as well as
          movable and immovable properties from the complainant. In
          this regard, the complaint came to be filed. However,
          perusing the record, it appears that the complainant and
          accused persons were engaged in embroidery job work
          business and there was a financial transaction between the
          co-accused Dhaval and Jivan and in the year 2016-17, they
          owed Rs.1.70 Crore to the complainant and they left Surat
          City and in this connection, for the incident of year 2017,
          complaint is filed in the year 2026. It is further alleged that
          as a part of pre-planned conspiracy and to avoid outstanding
          amount which escalated to Rs.2.28 Crore due and payable to
          the complainant for embroidery job work, the accused
          persons called the complainant to Mumbai and made him
          drink intoxicated cold drink and thereafter the complainant
          was made to have sexual relationship with some unknown
          woman and the said act was shot in video clip and even
          photographs were clicked and thereafter, the complainant
          was blackmailed under the pretext of making viral said
          video and photographs and made him to part with the
          money and movable and immovable properties. It is further
          alleged that complainant has transferred the property in the
          name of other co-accused and applicant has received
          Rs.5.50 lakh in his bank account which is still lying in the
          said account and as per the case of prosecution, said
          account has already been freezed. It is also alleged that
          present applicant is main accused and used to administer



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      R/CR.MA/17432/2026                              ORDER DATED: 31/07/2026




          threats to the complainant.           Even otherwise, now the
          investigation is over and charge-sheet is filed;
(2)       None of the offence alleged is punishable with life sentence
          or death penalty;
(3)       Applicant is a lady and behind the bars since 07/04/2026;
(4)       There is nothing to be recovered or discovered from the
          applicant;
(5)       Though the applicant is having past antecedents, she is
          presumed to be innocent till proven guilty;
(6)       Co-accused having similarly situated role are enlarged on
          regular bail and therefore, on the ground of parity also
          (Rameshbhai Batubhai Dhabi Vs. State of Gujarat
          reported in 2011 (3) GLR 1999), present application
          deserves consideration;
(7)       Obviously commencement and conclusion of trial will take
          some time;


[8.0] 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.


[9.0] In the facts and circumstances of the case and considering



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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.11210045260899 of 2026 registered with Pandesara Police
Station, Surat City 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 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 a month for a period of six months between
           11.00 a.m. and 2.00 p.m.;
    (f)    furnish the copy of Aadhaar card, email ID/contact
           number / permanent and 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 and contact number/SIM card
           without prior permission of Trial Court;
    (g)    not to indulge in any illegal activity failing which learned



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                trial Court shall issue warrant and cancel the bail of the
                applicant.


[10.0]              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.


[11.0]              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.


[12.0]              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.


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


                                                                  (HASMUKH D. SUTHAR,J)
ILA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 31/07/2026 16:42:01




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