Gujarat High Court
Sanjaygiri Bhabhutgiri Goswami vs State Of Gujarat on 24 November, 2025
NEUTRAL CITATION
R/CR.RA/1965/2025 ORDER DATED: 24/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1965 of 2025
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SANJAYGIRI BHABHUTGIRI GOSWAMI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR CHIRAG B AYDI(13146) for the Applicant(s) No. 1
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR. ROHAN SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 24/11/2025
ORAL ORDER
1. The applicant before this Court is original accused in connection
with FIR being C.R.No.11993004240683 of 2024, dated 20.09.2024
lodged before Bhachau Police Station, District - Kachchh, East
Gandhidham, for the offences punishable under Sections 137(2), 64(2),
65(1) and 87 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 4,
6 and 17 of the POCSO Act, 2012.
2. The present accused came to be enlarged on bail by the learned
Special Judge, POCSO, Kachchh at Bhachau, vide order dated
03.06.2025 passed in Criminal Misc. Application No.399 of 2025,
wherein, while enlarging the applicant on bail, the learned POCSO Judge
has imposed the condition No.2 to the effect that he was required to mark
his presence before concerned police station on 5 th date of every month
till pendency of the trial.
3. It is submitted that on 5th July, 2025, as the applicant could not
NEUTRAL CITATION
R/CR.RA/1965/2025 ORDER DATED: 24/11/2025
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mark his presence before the concerned police station, the application
was moved for cancellation of bail, which came to be allowed by
impugned judgment dated 01.08.2025 by the learned 3 rd Additional
Sessions Judge, Kachchh at Bhachau, passed in Criminal Misc.
Application No.530 of 2025.
4. Heard learned advocate Mr. Chirag B. Aydi for the applicant and
learned AAP Mr. Rohan Shah for the State. With the consent of the
learned advocates for the parties, Rule is fixed forthwith. Learned APP
waives service of rule for the respondent - State.
5. On instruction, learned APP submits that this is the only first
breach of condition which is culminated into cancellation of bail.
6. Learned advocate for the applicant submits that since the mother of
applicant was not well and she was on bed, the applicant could not
marked his presence before the concerned police station as directed by
the learned Special Judge, POCSO, Kachchh at Bhachau, while granting
bail.
7. On perusal of the impugned judgment at Exhibit - 8, passed in
Criminal Misc. Application No.530 of 2025, transpires that the accused
failed to remain present before the concerned police station has
culminated into the impugned judgment, however, has not stated any
reasons except for stating to the effect that it amounts to breach of
stipulated condition.
8. Be that as it may, the fact remains that this amounts to a hyper
technical view and as per there are no allegation of breach of condition as
laid down vide order dated 03.06.2025 while enlarging applicant on bail,
NEUTRAL CITATION
R/CR.RA/1965/2025 ORDER DATED: 24/11/2025
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more particularly, contacting the prosecution witnesses or hampering or
tampering of any witnesses, or leaving the territory of the State of Gujarat
without prior permission, or any other activity which is prejudice to the
case of the prosecution.
9. It is settled principle of law that for cancellation of bail string of
circumstances after grant of bail are to be taken into consideration, and in
the present case, except for the breach of marking his presence before the
concerned police station, no any other serious consequences have to be
brought to the notice of this Court. Under the circumstances, the order
dated 01.08.2025 passed by the learned 3 rd Additional Sessions Judge,
Kachchh at Bhachau, in Criminal Misc. Application No.530 of 2025
below Exhibit 8, is hereby quashed and set aside.
10. Rule is made absolute to the aforesaid extent.
(P. M. RAVAL, J)
NITIN MAKWANA
