SUMITBHAI PUNAMBHAI RATHODversusSTATE OF GUJARAT

    R/CR.MA/18549/2026                                   ORDER DATED: 11/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
               CHARGESHEET) NO. 18549 of 2026
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                SUMITBHAI PUNAMBHAI RATHOD
                              Versus
                   STATE OF GUJARAT & ANR.
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 11/08/2026
                                   ORDER
        Registry to accept vakalatnama of learned advocate Ms. Neha C. Shukla,
who has instructions to appear for the father of the victim.

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

[2.0]   The present application is <led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection
with FIR being C.R. No.11190006260438 of 2026 registered with Ranpur Police
Station, District Botad for the oBences punishable under Sections 64(2)(I) of
the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”); sections 9, 10 and 11 of the
Prohibition of Child Marriage Act and sections 4, 8 and 12 of the POCSO Act.

[3.0]   Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the oBence and now
nothing is required to be recovered or discovered. He therefore submits that,
considering the nature of the oBence, 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 requested to dismiss the present application for
regular bail looking to the nature and gravity of the oBence.



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      R/CR.MA/18549/2026                                   ORDER DATED: 11/08/2026




[5.0]    Learned advocate Ms. Neha Shukla appearing for the father of the victim
has tendered aGdavit of the father of the victim which is taken on record. The
father of the victim has stated in his aGdavit that he has decided to marry his
daughter i.e. victim with the present applicant after she attains the age of
majority and he has no objection if the applicant is released on bail since the
victim is carrying pregnancy of 3 months.

[6.0]    While granting bail, the Court has to consider the involvement of the
accused in the alleged oBence, 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:
(1)       The applicant is aged 22 years and victim at the time of incident was
          aged 17 years 7 months and 13 days and was in love aBair with the
          applicant and due to this, victim and present applicant got married
          however, this Court has veri<ed the investigation papers and
          statement of victim recorded under Section 183 of the BNSS as well as
          the aGdavit <led by the father of the victim and even otherwise,
          substantial part of investigation is over;

(2)       Applicant is behind the bars since 16.07.2026;

(3)       There is nothing to be recovered or discovered from the applicant;


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      R/CR.MA/18549/2026                                      ORDER DATED: 11/08/2026




(4)           The applicant is not having any past antecedent;

(5)           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 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 <t 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.11190006260438 of 2026
registered with Ranpur Police Station, District Botad on executing a personal
bond of Rs.25,000/- (Rupees Twenty-<ve Thousand only) with ONE LOCAL
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 country without prior permission of the Trial Court
                 concerned;




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    R/CR.MA/18549/2026                                                           ORDER DATED: 11/08/2026




     (e)       mark presence before the concerned Police Station once in a
               week till Bling of the chargesheet and after Bling of the
               chargesheet, mark presence before the concerned police station
               once in a month for a period of six months;

     (f)       furnish the copy of Aadhaar card, email ID/contact number /
               permanent and present address of his residence to the
               Investigating OGcer 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 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 oBence 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 inNuenced 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.)
Ajay
  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/08/2026 14:35:05




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