Gujarat High Court
Poonam Brijmohansingh Bhadoriya vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/11059/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 11059 of 2026
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POONAM BRIJMOHANSINGH BHADORIYA
Versus
STATE OF GUJARAT
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Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 11/05/2026
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 Page 1 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026 NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined the applicant on Regular Bail in connection with FIR being C.R. No. 11210048260191 of 2026 registered with Umra Police Station, Surat City for the offence punishable under Sections 108, 308(2) of the BNS, 2023.
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 Page 2 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026 NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined 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.
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 Surat, hence would be available at the time of trial. ii. The applicant does not have any criminal antecedents; iii. The investigation is over and the charge-sheet has been filed.
iv. The deceased who was married was in relationship with the applicant since 15-17 years, prior to the unfortunate incident.
v. It also appears that the original complainant has stated Page 3 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026 NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined before the ACP, H Division, Surat City, in her statement dated 09.03.2026 that she had given her statement on 01.02.2026, as regards information note (janvajog) no. 10 of 2026, that there were differences between the family members as regards the preparation of the original complainant's marriage, and the deceased after being infuriated had committed suicide. However, thereafter, she had stated that, since the applicant had illicit love affair with her father, the applicant had taken disadvantage of the said relationship and had usurped her father's properties.
vi. One of the prosecution witnesses namely Sharda Rajeshbhai Kabaria, who is the sister of the deceased has also mentioned in her statement before the ACP, H Division, Surat City that, there were differences between her brother and the other family members as regards the preparation of original complainant's marriage, and the deceased being angry had taken the extreme step.
vii. It also transpires from the statement of prosecution Page 4 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026 NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined witness Sanjaybhai Vallabhbhai Fagania, who was the deceased's business partner for 30 years that, the deceased had revealed about his relationship with the applicant to this witness in July. 2025. However, in the light of the fact that, this witness and the deceased were business partners since 30 years, the fact about the deceased being in extra marital relationship with the applicant, could never have gone unnoticed.
viii. The Investigation Officer had also recorded the statement of the deceased's wife Pallaviben, who too had mentioned the same fact about differences having occurred while they were discussing the arrangements of their daughter i.e. the original complainant's wedding, when the deceased got excited and took the extreme step of committing suicide.
ix. It also transpires from the FIR that though the original complainant along with her younger sister had gone to meet the applicant in July, 2025 and counsel her so as to not Page 5 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026 NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined harass their father i.e. the deceased, the applicant had got angry with them and had threatened them, however, the original complainant and her younger sister thereafter, having returned and not having done anything. x. The applicant having relied upon various photographs depicting her relationship with the deceased, and also the whatsApp chats between her and the deceased. xi. In spite of the fact that, the deceased was having extra marital relationship with the applicant since 15-17 years prior to the incident, the family members never having objected to such relationship, or for that matter, not having initiated any proceedings against the applicant, for her alleged misdeeds.
7. 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 Page 6 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026 NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined SCC 40.
8. 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.
9. 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. 11210048260191 of 2026 registered with Umra Police Station, Surat City, 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 she shall;
[a] not take undue advantage of liberty or misuse liberty; Page 7 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026
NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined [b] not act in a manner injurious to the interest of the prosecution;
[c] surrender her passport, if any, to the trial court within a week, and if she does not possess a passport, she shall file an affidavit to that effect;
[d] furnish the present address of her residence to the I.O. and to the Court at the time of execution of the bond and shall not change her residence without prior intimation to the I.O. and the court;
[e] mark her presence on every Monday before the concerned police station for three months;
10. 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 at liberty to take appropriate action in accordance with law. Page 8 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026
NEUTRAL CITATION R/CR.MA/11059/2026 ORDER DATED: 11/05/2026 undefined
11. 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.
12. 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. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) PD Page 9 of 9 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:00 IST 2026