ASHISHSINGH BALRAMSINGH BHARDORIYAversusSTATE OF GUJARAT

    R/CR.MA/18966/2026                                  ORDER DATED: 14/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 18966 of 2026
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             ASHISHSINGH BALRAMSINGH BHARDORIYA
                              Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 14/08/2026
                                   ORDER
[1.0]   RULE. Learned APP waives service of rule for the respondent-State.

[2.0]   The present application is 8led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection
with FIR being C.R. No.11199061260030 of 2026 registered with Ankleshwar
City ‘B’ Division Police Station, District Bharuch for the oBences punishable
under Sections 64(2)(j), 64(2)(m), 82(2), 351(3), 356(2) and 83 of the Bharatiya
Nyaya Sanhita, 2023 (for short “BNS”) and section 66(e) of the Information
Technology Act, 2008.

[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.

[5.0]   While granting bail, the Court has to consider the involvement of the



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      R/CR.MA/18966/2026                                    ORDER DATED: 14/08/2026




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.

[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)       The allegation against the applicant is that initially the applicant
          developed friendship with the victim which thereafter turned into
          aBair and prior to May, 2025 the applicant and victim committed sexual
          intercourse and thereafter, with the consent of victim, applicant and
          victim went to diBerent places for tourism purposes and stayed at
          guest house at diBerent places including Uttar Pradesh during the
          period from March, 2025 to April, 2025 and it is alleged that present
          applicant though married entered into marital relationship with the
          victim and developed physical relations and after some time, the victim
          came to know about the fact that the applicant is already married and
          due to this reason, the complaint is 8led however, it is an admitted
          position on record that the victim, who is aged 25 years, was in
          consensual relationship with the applicant and voluntarily consented
          for sexual relationship with the applicant and even otherwise, now the
          investigation is over and charge-sheet is 8led;

(2)       Applicant is behind the bars since 27.01.2026;




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      R/CR.MA/18966/2026                                     ORDER DATED: 14/08/2026




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

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

(5)           Obviously commencement and conclusion of trial will take some time;

(6)           This Court has relied on the decision of the Hon’ble Supreme Court in
              the case of Naim Ahamed vs. State NCT of Delhi reported in 2023
              SCC OnLine (SC) 89 as well as unreported decision of Bombay High
              Court in the case of Anurag Ravindra Umaley vs. The State of
              Maharashtra.

[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 8t 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.11199061260030 of 2026
registered with Ankleshwar City ‘B’ Division Police Station, District Bharuch
on executing a personal bond of Rs.25,000/- (Rupees Twenty-8ve 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 &


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       R/CR.MA/18966/2026                                                           ORDER DATED: 14/08/2026




                   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;

        (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 OOcer 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.

        (h)       not to directly or indirectly contact the victim till the trial is
                  over.

[9.0]      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.

[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 inPuenced 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.)
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 14/08/2026 14:51:07



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