[Cites 2, Cited by 0]
Gujarat High Court
Rohitsing Kamleshsing (As Per Name Bail ... vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/7226/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7226 of 2026
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ROHITSING KAMLESHSING (AS PER NAME BAIL OREDR)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
MR MAHESH K POOJARA(5879) for the Respondent(s) No. 2
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
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 him
on Regular Bail in connection with FIR being C.R. No.
11210070251180 of 2025 registered with Bhestan Police Station,
Surat for the offence punishable under Sections 137(2), 87, 64(2)
(I)(M), 65(1) of the BNS and Sections 3(A), 4(2), 5(L), 6 and 8 of
NEUTRAL CITATION
R/CR.MA/7226/2026 ORDER DATED: 17/04/2026
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POCSO Act.
4. Learned advocate for the applicant would submit that,
considering the role attributed to the applicant, and nature of
the allegation leveled, 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 for the applicant has submitted that, the applicant shall
not leave the Surat till the trial is over.
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
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. Learned advocate Mr. Mahesh K. Poojara has submitted
that, the original complainant has filed her affidavit in support of
NEUTRAL CITATION
R/CR.MA/7226/2026 ORDER DATED: 17/04/2026
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the applicant.
7. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The applicant though is a permanent resident of Uttar
Pradesh, is presently residing at Surat, hence would be
available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. As per the prosecution case the victim had eloped with the
applicant, since her marriage was to be solemnized with
another boy which she did not approve;
iv. The victim and the applicant both were in romantic
relationship and were known to each other;
v. The original complainant who is the mother of the victim
has filed her affidavit stating that, she does not object if
bail is granted to the applicant. The original complainant
was present before this court on 09.04.2026.
NEUTRAL CITATION
R/CR.MA/7226/2026 ORDER DATED: 17/04/2026
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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.
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. 11210070251180 of 2025 registered with Bhestan
Police Station, Surat, 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 they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
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R/CR.MA/7226/2026 ORDER DATED: 17/04/2026
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prosecution;
[c] surrender his passport, if any, to the trial court within a
week, and if he does not possess a passport, he shall file an
affidavit to that effect;
[d] not leave the geographical limits of Surat without prior
permission of the Trial Court concerned;
[e] furnish the present address of his residence to the I.O. and
to the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and
the court;
[f] mark his presence on every Sunday before the concerned
police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file affidavit before the concerned court and
the police station.
10. The Authorities will release the applicant 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
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R/CR.MA/7226/2026 ORDER DATED: 17/04/2026
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Sessions Court concerned will be at liberty to take appropriate
action in accordance with law.
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.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
