[Cites 1, Cited by 0]
Gujarat High Court
Tulsi D/O Chunaji Thakor vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/8310/2026 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 8310 of 2026
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TULSI D/O CHUNAJI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr. K.R. Chakwawala appearing on
behalf of the applicant and learned Additional Public Prosecutor Mr.
Hardik Mehta, 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
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R/CR.MA/8310/2026 ORDER DATED: 08/04/2026
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applicant on Regular Bail in connection with FIR being C.R. No.
11192011260184 of 2026 registered with Bopal Police Station,
Ahmedabad Rural, for the offence punishable under Sections 118(1)
(2), 115(2), 352, 54 and 351(2) of the B.N.S. Act.
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 charge-sheet is filed, no useful
purpose would be served by keeping the applicant in jail for
indefinite period. 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.
7. 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
applicant as coming out from the charge-sheet, this Court may not
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R/CR.MA/8310/2026 ORDER DATED: 08/04/2026
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exercise the 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 allegation being that the accused had assaulted the
complainant leading to corelatable with offences punishable under
Sections 118(1), 118(2) and 115(2) etc. and whereas, prima facie it
would appear that the present appears to be a case of robe way.
ii. It also appears that while, the complainant is alleged that he has
been assaulted yet, it would appear that there is no allegation
against the present applicant of having inflicted any injury either to
using any weapon or using her hands or legs.
iii. The fact of the present applicant being 19 year old unmarried
lady, and is in custody since 26.03.2026 without any antecedents.
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.
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R/CR.MA/8310/2026 ORDER DATED: 08/04/2026
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7. In the facts and circumstances of the case and considering the
nature of the allegations made against 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 F.I.R. registered
as C.R. No. 11192011260184 of 2026 registered with Bopal Police
Station, Ahmedabad Rural, 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
she 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;
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[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] to mark his presence once a week till the filing of the charge-
sheet, no requirement of marking presence thereafter, before the
concerned police station;
9. 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 free to 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 stage of trial, the trial court shall not be influenced by
any observations of this Court which are of preliminary nature
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made at this stage, only for the purpose of considering the
application of the applicant for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
PD
