High Court of Gujarat

MAHESHBHAI MOHANBHAI PUNABHAI BARAIYAversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: P M RAVAL

Holding

Temporary bail was denied to the applicant.

Summary

The applicant, Maheshbhai Mohanbhai Punabhai Baraiya, filed a criminal miscellaneous application seeking temporary bail after being arrested on 7 March 2025. The jail records indicated that the applicant is accused of a serious offence under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code, involving a minor victim. The court examined whether the gravity of the alleged crime and the victim’s age justified the grant of bail. Finding that the nature of the offence is serious and that no sufficient ground for bail was shown, the court held that the bail application could not be entertained. Consequently, the application for temporary bail was rejected.

Issues considered

Whether temporary bail can be granted to an accused charged under the POCSO Act and IPC involving a minor victim

Legislation cited

Subjects

temporary bailPOCSO ActIPCserious offenceminor victimbail denial

Judgment

            R/CR.MA/8073/2026                                                         ORDER DATED: 09/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


  R/CRIMINAL MISC.APPLICATION (FOR TEMPORARY BAIL) NO.
                        8073 of 2026

  ================================================
         MAHESHBHAI MOHANBHAI PUNABHAI BARAIYA
                              Versus
                   STATE OF GUJARAT & ANR.
  ================================================
  Appearance:
  THROUGH JAIL for the Applicant(s) No. 1
  MS MONALI BHATT, APP for the Respondent(s) No. 1
  ================================================

    CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                                Date : 09/04/2026

                                                 ORAL ORDER


  1.                This application, through jail, is filed by the applicant seeking
  temporary bail.


  2.                The jail remarks indicate that the applicant was arrested only on
  07.03.2025 and is involved in a serious offence under the POCSO Act
  and under the IPC. Considering the same, as also, considering the age
  of the victim, no case is made out.                                     The application is rejected,
  accordingly.


  3.                Registry to communicate this order to the concerned jail
  authority.


                                                                                               [ P. M. Raval, J. ]
  hiren/15tss9426


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/04/2026 14:13:14

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