Gujarat High Court
Rajeshbhai Kanabhai Pagi vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/9956/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9956 of 2026
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RAJESHBHAI KANABHAI PAGI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRADIP J PATEL(5896) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 29/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor 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 applicant on Regular Bail in connection with FIR being C.R. No. 11207061250887 of 2025 registered with Shahera Police Station, Panchmahal for the offence punishable under Sections 137(2), 87, 64(2)(m), 65(1) of the BNS Act, 2023 read with Sections 4, 6, Page 1 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:47 IST 2026 NEUTRAL CITATION R/CR.MA/9956/2026 ORDER DATED: 29/04/2026 undefined 12 and 17 of the POCSO 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, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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.
5. 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 exercise discretion in favour of the applicant and the application may be dismissed.
5.1 Mr. Yash H. Joshi, learned advocate for the original complainant places on record the affidavit filed by the original complainant Suryaben Pratapsinh Rathod and submits that, the dispute between the applicant and the original complainant has Page 2 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:47 IST 2026 NEUTRAL CITATION R/CR.MA/9956/2026 ORDER DATED: 29/04/2026 undefined been amicably settled. The original complainant Suryaben is present in the court today and has affirmed the contents of her affidavit.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is a permanent resident of Panchmahal district, hence would be available at the time of trial; ii. The applicant has no criminal antecedents; iii. The investigation being over the chargesheet has been filed before the trial court;
iv. As per the prosecution case, during the trial of Special POCSO Case No. 8 of 2026, the victim herself has not supported the prosecution case and has been declared as hostile;
v. The original complainant Suryaben Rathod has filed her affidavit, wherein, she has stated that, the dispute between her and the applicant has been amicably settled, and that, they do not object, if bail is granted to the applicant; Page 3 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:47 IST 2026
NEUTRAL CITATION R/CR.MA/9956/2026 ORDER DATED: 29/04/2026 undefined vi. The original complainant is present before the court today and she has affirmed the facts of her affidavit; 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.
7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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. 11207061250887 of 2025 registered with Shahera Police Station, Panchmahal, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; Page 4 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:47 IST 2026
NEUTRAL CITATION R/CR.MA/9956/2026 ORDER DATED: 29/04/2026 undefined [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 his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave the local limits of Panchmahal district without prior permission of the Trial Court concerned; [e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court;
[f] mark his presence on the first Sunday of every month, before the concerned police station for a period of six months;
[g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station.
Page 5 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:47 IST 2026
NEUTRAL CITATION R/CR.MA/9956/2026 ORDER DATED: 29/04/2026 undefined
9. The Authorities will release the applicant only if he 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 at liberty to take appropriate action in accordance with law.
10. Bail bond to be executed before the trial 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 competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) ANIRUDH OJHA Page 6 of 6 Uploaded by ANIRUDH OJHA(HC02370) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:47 IST 2026