SHIVA S/O RAMAKANT KEVATversusSTATE OF GUJARAT

   R/CR.MA/9036/2026                               ORDER DATED: 17/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 9036 of 2026

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                       SHIVA S/O RAMAKANT KEVAT
                                  Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
MR ANIRUDH N SUCHAK(10768) for the Applicant(s) No. 1
MR HANNAN A QURESHI(11351) for the Respondent(s) No. 2
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 17/08/2026

                                ORDER

[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.11210045255213 of 2025 registered with Pandesara
Police Station, Surat City for the o.ences under Sections 137(2),
87, 64(2)(I) and 64(2)(M) of BNS, 2023 and Section 4, 5(L), 6, 8,
9(L), 10 and 12 of 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 o.ence. Investigation is over and chargesheet has
been     led. Nothing is required to be recovered or discovered. He
therefore submits that, considering the nature of the o.ence, the
applicant may be enlarged on regular bail by imposing suitable
conditions.


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   R/CR.MA/9036/2026                              ORDER DATED: 17/08/2026




[4.0] Learned APP appearing on behalf of the respondent-State and
learned advocate for the original complainant 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 o.ence and considering the gravity of o.ence, no
case is made out to entertain present bail application. If the
applicant is released on bail, possibility cannot be ruled out that
the applicant will :ee from justice. 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 o.ence, 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. It appears
that the victim eloped with the present applicant and at Amritsar,
Panjab, marriage of both is solemnized. Following aspects have



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   R/CR.MA/9036/2026                             ORDER DATED: 17/08/2026




been considered:


     (1)      Investigation is over and charge-sheet is led;
     (2)      Applicant is behind the bar since 25/12/2025;
     (3)      There is nothing to be recovered or discovered from the
     applicant;
     (4)      Perused the statement recorded under Section 183 of
     BNSS;
     (5)      The applicant is having no past antecedents;
     (6)      Applicant is 26 years old;
     (7)      Obviously commencement and conclusion of trial will
     take its own time;
     (8)      Prosecution has failed to point out the circumstances to
     continue or prolong his detention.


[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



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    R/CR.MA/9036/2026                                     ORDER DATED: 17/08/2026




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.11210045255213 of 2025 registered with Pandesara
Police Station, Surat City 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/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 India 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 O.icer 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 enter into Pandesara area till the victim is



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         R/CR.MA/9036/2026                                                          ORDER DATED: 17/08/2026




                  examined;


  [9.0] The authorities will release the applicant only if he is not
  required in connection with any other o.ence 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 in:uenced 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)
  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 17/08/2026 17:49:21




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