[Cites 1, Cited by 0]
Gujarat High Court
Dhruv Jivrajbhai Chavda vs State Of Gujarat on 7 April, 2026
NEUTRAL CITATION
R/CR.MA/6960/2026 ORDER DATED: 07/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6960 of 2026
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DHRUV JIVRAJBHAI CHAVDA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DARSHANKUMAR R PATEL(9406) for the Applicant(s) No. 1
MR DARSHANKUMAR P VEGAD(11612) for the Applicant(s) No. 1
MS.JALPABEN V. VANALIYA, ADVOCATE for the Respondent(s) No. 2
MS.JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 07/04/2026
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 the applicant on Regular Bail in
connection with FIR being Part-A C.R. No.
11210004260020 of 2026 registered with Amroli Police
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R/CR.MA/6960/2026 ORDER DATED: 07/04/2026
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Station, Surat City, for the offence punishable under
Sections 137(2), 87, 64(2)(1) of the Bhartiya Nyaya
Sanhita, 2023 and under the provisions of Sections 3 and
4 of the Protection of Children from Sexual Offenses Act,
2012.
4. Learned advocate for the applicant would submit
that, considering the role attributed to the applicant, who
is aged 20 year 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. Learned advocate upon
instructions submits that the applicant will remain within
the State of Gujarat during the trial.
5. As against the same, learned Additional Public
Prosecutor appearing for the respondent - State has
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R/CR.MA/6960/2026 ORDER DATED: 07/04/2026
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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 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 original complainant Sonalben is present before
this Court who has tendered an affidavit-in-reply. The
same is taken on record, wherein, she has submitted
that because of some misunderstanding, the FIR came
to be lodged by her, however, now, she has no
grievance against the petitioner, and that in the heat of
moment, the FIR came to be lodged by her.
ii. The applicant is a permanent resident of
District:Bhavnagar, hence, would be available at the
time of trial.
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R/CR.MA/6960/2026 ORDER DATED: 07/04/2026
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iii. The applicant does not have any criminal
antecedent.
iv. There was romantic relationship between the
applicant aged 20 years and the victim aged 16 years
and 3 months.
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 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.
8. Hence, the present application is allowed. The
applicant is ordered to be released on bail in connection
with FIR being Part-A C.R. No. 11210004260020 of 2026
registered with Amroli Police Station, Surat City, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
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R/CR.MA/6960/2026 ORDER DATED: 07/04/2026
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Thousand only) with one local 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, and if he does not possess a passport, he shall
file an affidavit to that effect;
[d] not leave the State of Gujarat without prior
permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
the bond along with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
9. The Authorities will release the applicant only if he
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is not required in connection with any other offence for
the time being. If breach of any of the above conditions is
committed, the Court concerned will be at liberty to take
appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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 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.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
