Gujarat High Court
Tulsi D/O Chunaji Thakor vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/8310/2026 ORDER DATED: 08/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 8310 of 2026
==========================================================
TULSI D/O CHUNAJI THAKOR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr. K.R. Chakwawala appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Hardik Mehta, appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Page 1 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 08 2026 Downloaded on : Wed Apr 08 22:47:40 IST 2026 NEUTRAL CITATION R/CR.MA/8310/2026 ORDER DATED: 08/04/2026 undefined applicant on Regular Bail in connection with FIR being C.R. No. 11192011260184 of 2026 registered with Bopal Police Station, Ahmedabad Rural, for the offence punishable under Sections 118(1) (2), 115(2), 352, 54 and 351(2) of the B.N.S. Act.
4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that charge-sheet is filed, no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.
7. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not Page 2 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 08 2026 Downloaded on : Wed Apr 08 22:47:40 IST 2026 NEUTRAL CITATION R/CR.MA/8310/2026 ORDER DATED: 08/04/2026 undefined exercise the discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The allegation being that the accused had assaulted the complainant leading to corelatable with offences punishable under Sections 118(1), 118(2) and 115(2) etc. and whereas, prima facie it would appear that the present appears to be a case of robe way. ii. It also appears that while, the complainant is alleged that he has been assaulted yet, it would appear that there is no allegation against the present applicant of having inflicted any injury either to using any weapon or using her hands or legs.
iii. The fact of the present applicant being 19 year old unmarried lady, and is in custody since 26.03.2026 without any antecedents.
This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. Page 3 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 08 2026 Downloaded on : Wed Apr 08 22:47:40 IST 2026
NEUTRAL CITATION R/CR.MA/8310/2026 ORDER DATED: 08/04/2026 undefined
7. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, 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.
8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11192011260184 of 2026 registered with Bopal Police Station, Ahmedabad Rural, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that 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; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;
Page 4 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 08 2026 Downloaded on : Wed Apr 08 22:47:40 IST 2026
NEUTRAL CITATION R/CR.MA/8310/2026 ORDER DATED: 08/04/2026 undefined [e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.; [f] to mark his presence once a week till the filing of the charge- sheet, no requirement of marking presence thereafter, before the concerned police station;
9. The Authorities will release the applicant only if she 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 Court concerned will be free to take appropriate action in the matter.
10. 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. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature Page 5 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 08 2026 Downloaded on : Wed Apr 08 22:47:40 IST 2026 NEUTRAL CITATION R/CR.MA/8310/2026 ORDER DATED: 08/04/2026 undefined made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) PD Page 6 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 08 2026 Downloaded on : Wed Apr 08 22:47:40 IST 2026