Gujarat High Court
Thakor Anilji Dineshji Rupaji vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.MA/4942/2026 ORDER DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4942 of 2026
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THAKOR ANILJI DINESHJI RUPAJI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VIJAY U THAKOR(12262) for the Applicant(s) No. 1
MR. SHIVAM N THAKKAR(10024) for the Applicant(s) No. 1
MR. SHIVAM R JOSHI(16350) for the Respondent(s) No. 2
MS. MONALI H. BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/05/2026
ORDER
1) RULE. Learned APP waives service of rule for the respondent-State.
2) The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11217014250249 of 2025 registered with Vagdod Police Station, Patan for the offences under Sections 173(2), 87, 64(2)M 137(2) of the Bharatiya Nyaya Sanhita, 2023 and 3(A), 4, 5(L) of the Protection of Children from Sexual Offences Act, 2012.
3) Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely Page 1 of 6 Uploaded by GARVITA KACHHWAHA(HC02358) on Tue May 05 2026 Downloaded on : Tue May 05 22:43:09 IST 2026 NEUTRAL CITATION R/CR.MA/4942/2026 ORDER DATED: 05/05/2026 undefined implicated in the alleged offence. It is further submitted that the investigation is complete and the chargesheet has already been filed. The applicant is a 23 year old boy with no past antecedents. He further submits that the victim had contacted the present applicant, and it was subsequently discovered that they had eloped together during the night hours. Therefore, considering the nature of the offence, it is prayed that the applicant may kindly be enlarged on regular bail by imposing suitable conditions.
4) Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is 23 years old and victim is 17 years old at the time of incident and if he is released on bail, possibility cannot be ruled out to tamper with the evidence. Further, sufficient material is collected. Considering the same, she prays not to allow the present application.
4.1) Mr. Shivam R. Joshi, learned counsel for respondent No. 2 has also opposed the application and submitted that, the applicant is facing serious charge of POCSO Act and if he is released on bail, possibility cannot be ruled out to tamper with the evidence and possibility to cause dramatic situation of the victim. Considering the conduct of the applicant, application does not deserve any consideration.
5) While granting bail, the Court has to consider the Page 2 of 6 Uploaded by GARVITA KACHHWAHA(HC02358) on Tue May 05 2026 Downloaded on : Tue May 05 22:43:09 IST 2026 NEUTRAL CITATION R/CR.MA/4942/2026 ORDER DATED: 05/05/2026 undefined involvement of the accused in the alleged offence, 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) I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(1) Investigation is over and charge-sheet is filed; (2) None of the offence alleged is punishable with life sentence or death penalty and are triable by the Court of JMFC; (3) Applicant is behind the bars since 29.11.2025; (4) There is nothing to be recovered or discovered from the applicant;
(5) Obviously commencement and conclusion of trial will take some time.Page 3 of 6 Uploaded by GARVITA KACHHWAHA(HC02358) on Tue May 05 2026 Downloaded on : Tue May 05 22:43:09 IST 2026
NEUTRAL CITATION R/CR.MA/4942/2026 ORDER DATED: 05/05/2026 undefined
7) 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) 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 fit 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.11217014250249 of 2025 registered with Vagdod Police Station, Patan on executing a personal 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;
(a) not take undue advantage of liberty or misuse liberty;
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(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 State of Gujarat 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 present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;
(g) not to enter Saraswati Taluka, Patan for a period of six months except for marking presence before the concerned police station and/or for attending Court;
(h) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant.
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 Judge concerned will be free to issue warrant or take appropriate action in the matter.
10) Bail bond to be executed before the lower Court having Page 5 of 6 Uploaded by GARVITA KACHHWAHA(HC02358) on Tue May 05 2026 Downloaded on : Tue May 05 22:43:09 IST 2026 NEUTRAL CITATION R/CR.MA/4942/2026 ORDER DATED: 05/05/2026 undefined 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 trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
12) Rule is made absolute to the aforesaid extent. Direct service is permitted (HASMUKH D. SUTHAR,J) GARVITA Page 6 of 6 Uploaded by GARVITA KACHHWAHA(HC02358) on Tue May 05 2026 Downloaded on : Tue May 05 22:43:09 IST 2026