Gujarat High Court
Bhavya Maheshbhai Vasava vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/CR.MA/10724/2026 ORDER DATED: 06/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET)
NO. 10724 of 2026
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BHAVYA MAHESHBHAI VASAVA
Versus
STATE OF GUJARAT
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Appearance:
MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 06/05/2026
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.11197034251822 of 2025 with Padra Police Station, Vadodara for the offences punishable under Sections 103(1), 3(5), 238, 61(2) and 123 of the Bhardtiya Nayaya Sanhita (BNS), 2023 Section 135 of the Gujarat Police Act.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has no connection whatsoever with the alleged offence and has been falsely implicated. The applicant has been in judicial custody since 20.12.2025, and the charge-sheet has already been filed. It is further submitted that initially the applicant was not named in the FIR; however, during the course of the investigation, his name surfaced. The offence under the POCSO Act has been registered only against accused No.1. The learned advocate further submits that, considering the nature of the allegations, the applicant may be enlarged on Page 1 of 5 Uploaded by ALI ISTAYAK(HC01093) on Wed May 06 2026 Downloaded on : Wed May 06 22:38:35 IST 2026 NEUTRAL CITATION R/CR.MA/10724/2026 ORDER DATED: 06/05/2026 undefined regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed.
5. While granting bail, the Court has to consider the 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) The applicant has been in judicial custody since 20.12.2025, and the charge-sheet has already been filed.Page 2 of 5 Uploaded by ALI ISTAYAK(HC01093) on Wed May 06 2026 Downloaded on : Wed May 06 22:38:35 IST 2026
NEUTRAL CITATION R/CR.MA/10724/2026 ORDER DATED: 06/05/2026 undefined (2) Initially the applicant was not named in the FIR; however, during the course of the investigation, his name surfaced. (3) The offence under the POCSO Act has been registered only against accused No.1. However, the allegation against the present applicant is that he facilitated accused No.1 in dropping the accused No.1, and thereby is alleged to have aided in the commission of the offence. (4) The applicant has been arraigned in the offence solely on the basis of the statement of the co-accused. (5) No past antecedent and the applicant is only 22 years old. (6) There is no possibility of proceeding with the trial in the near future;
(7) Nothing is required to be recovered or discovered from the applicant.
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 Page 3 of 5 Uploaded by ALI ISTAYAK(HC01093) on Wed May 06 2026 Downloaded on : Wed May 06 22:38:35 IST 2026 NEUTRAL CITATION R/CR.MA/10724/2026 ORDER DATED: 06/05/2026 undefined the nature of the allegations made against the applicant/s 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/s on regular bail. Hence, the present application is allowed. The applicants is/are ordered to be released on regular bail in connection with FIR being C.R. No.11197034251822 of 2025 with Padra Police Station, Vadodara 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 with one surety of Rs.25,000/- and subject to the conditions that he 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 State of Gujarat without prior permission of the Trial Court concerned;
(e) Mark presence before the concerned Police Station once a month for a period of six months, between 11:00 a.m. and 2:00 p.m.
(f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and 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 Page 4 of 5 Uploaded by ALI ISTAYAK(HC01093) on Wed May 06 2026 Downloaded on : Wed May 06 22:38:35 IST 2026 NEUTRAL CITATION R/CR.MA/10724/2026 ORDER DATED: 06/05/2026 undefined of Trial Court;
(g) not indulge in any illegal activity or any similar type of offence. If the applicant is found in any illegal activity or any similar type of activity, then, concerned Investigating Officer shall have liberty to file an application for cancellation of bail against the present applicant. In case of breach of any conditions, the concerned Trial Court shall have liberty to cancel the bail of the present applicant;
9. The authorities will release the applicant/s 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 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) ALI Page 5 of 5 Uploaded by ALI ISTAYAK(HC01093) on Wed May 06 2026 Downloaded on : Wed May 06 22:38:35 IST 2026