[Cites 6, Cited by 0]
Gujarat High Court
Gopalbhai Bhupatbhai Chauhan vs State Of Gujarat on 1 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/260/2026 ORDER DATED: 01/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
260 of 2026
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GOPALBHAI BHUPATBHAI CHAUHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BHARGAV K. CHAUHAN(19374) for the Appellant(s) No. 1
MR MIREN PRIYADARSHI(11023) for the Opponent(s)/Respondent(s) No. 2
MS RATNA VORA(2251) for the Opponent(s)/Respondent(s) No. 2
MR J K SHAH, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Bhargav K. Chauhan appearing on
behalf of the appellant, learned Additional Public Prosecutor Mr. J.K.
Shah appearing on behalf of the respondent-State and learned Advocate
Ms. Ratna Vora appearing on behalf of the respondent No.2 - original
complainant.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State and learned Advocate Ms. Vora waives service of rule
on behalf of the respondent No.2.
3. The appellant has filed this appeal under Section 14(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015 read with Section 483 of the Bharatiya Nagarik
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R/CR.A/260/2026 ORDER DATED: 01/04/2026
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Suraksha Sanhita, 2023 for enlarging the appellant on Regular Bail in
connection with FIR being C.R. No. 11198015251982 of 2025 registered
with Bortalav Police Station, Bhavnagar, District Bhavnagar, for the
offence punishable under Section 108 of the Bharatiya Nyaya Sanhita,
2023 and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) and 3(2)(v) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act.
4. Learned advocate for the appellant would submit that considering
the role attributed to the appellant, and nature of the allegation levelled,
the appellant may be enlarged on regular bail. It is further submitted that
since the charge-sheet is filed, no useful purpose would be served by
keeping the appellant in jail for indefinite period. It is further contended
that the appellant 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 appellant as coming out from
the charge-sheet, this Court may not exercise the discretion in favour of
the appellant and the appeal may be dismissed.
6. I have heard learned advocates appearing on behalf of the
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respective parties and perused the papers. Following aspects are
considered:-
i. Allegation being that the accused had harassed the deceased which
led to the deceased committing suicide.
ii. It would appear that the appellant is the husband of the deceased
and whereas it would also appear that the deceased belonged to the
scheduled caste community and whereas the appellant and the
deceased had love relationship and they had eloped and married
somewhere in the month of October, 2024.
iii. It would also appear that the appellant and the deceased were
staying independently in a rented premises for around one year prior
to the date of the incident.
iv. While the FIR alleges that the appellant had harassed the deceased,
more particularly basis her caste, as per the statements recorded of the
neighbours, more particularly the house owner, where the appellant
and deceased were residing for around last one year, except for normal
disagreements, there was not much of dispute between the deceased
and the present appellant.
v. Prima facie it would not appear to this Court that the deceased may
have been harassed on account of her caste, more particularly
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considering that the appellant and the deceased were living together
for last one year.
vi. While learned APP Ms. Shah and learned Advocate Ms. Vora
would state about presumption being against the husband, more
particularly since the marriage span was almost of one year only, yet
considering the fact that the appellant and the deceased were living
together separately for one year after their love marriage and since it
does not prima facie appear that there was any harassment meted out
to the deceased on account of her caste or even otherwise, this Court is
inclined to consider this appeal.
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 appellant 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 appellant on regular bail.
8. Hence, the present appeal is allowed. The appellant is ordered to be
released on bail in connection with FIR being C.R. No. 11198015251982
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of 2025 registered with Bortalav Police Station, Bhavnagar, District
Bhavnagar, on executing a bond of Rs.10,000/- (Rupees Ten 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;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change the
residence without prior intimation to the I.O.;
[f] mark presence once a month for a period of six months before the
concerned police station.
9. The Authorities will release the appellant 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 free to take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction
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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 trial 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 considering the appeal of the appellant for
being released on regular bail.
12. The appeal is allowed in the aforesaid terms. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
