[Cites 8, Cited by 0]
Gujarat High Court
Rahul Mangabhai Rawal vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9438/2026 ORDER DATED: 23/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9438 of 2026
==========================================================
RAHUL MANGABHAI RAWAL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
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
NEUTRAL CITATION
R/CR.MA/9438/2026 ORDER DATED: 23/04/2026
undefined
connection with FIR being C.R. No. 11206038240348 of
2024 registered with Laghnaj Police Station, Mehsana,
for the offence punishable under Sections 363, 366 and
376(2)(n) of the IPC as well as Sections 4, 5(L), 6 and 8 of
the POCSO Act.
4. Learned advocate for the applicant would submit
that, the applicant was released on regular bail by the
Sessions Court, Mehsana vide order dated 01.07.2025
passed in Criminal Misc. Application No. 751 of 2025,
subject to conditions. However, the applicant could not
remain present before the court during the trial, hence
Non-Bailable Warrant was issued, pursuant to which he
came to be arrested. Learned advocate for the applicant
has submitted that, henceforth the applicant would
regularly remain present before the court and would file
an undertaking to that effect before the concerned court.
Thus, the present application may be allowed.
5. As against the same, learned Additional Public
Prosecutor appearing for the respondent - State has
NEUTRAL CITATION
R/CR.MA/9438/2026 ORDER DATED: 23/04/2026
undefined
vehemently objected to the grant of regular bail. Learned
APP has submitted that because of the applicant's
absence, the trial has protracted and the applicant having
committed breach of bail conditions, 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 applicant is a permanent resident of Mehsana,
hence would be available at the time of trial;
ii. The applicant was granted regular bail by the
Sessions Court, Mehsana vide order dated 01.07.2025
passed in Criminal Misc. Application No. 751 of 2025;
iii. As submitted by learned advocate for the applicant
under instructions, the applicant could not remain
present for the hearing of the case being POCSO Case
No. 71 of 2025, as he was not aware about the date of
NEUTRAL CITATION
R/CR.MA/9438/2026 ORDER DATED: 23/04/2026
undefined
hearing;
iv. The applicant and the victim have married each
other and have a child out of the wedlock;
v. The applicant does not have any criminal
antecedents.
7. 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 applicants 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 applicant is ordered to be released on
NEUTRAL CITATION
R/CR.MA/9438/2026 ORDER DATED: 23/04/2026
undefined
bail in connection with F.I.R. registered as C.R. No.
11206038240348 of 2024 registered with Laghnaj Police
Station, Mehsana, 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
on payment of Rs.5,000/- towards costs to be deposited
with the District Legal Services Authority, Surat, 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 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 State of Gujarat without prior
permission of the Trial Court concerned;
[e] furnish the present address of his residence to the
NEUTRAL CITATION
R/CR.MA/9438/2026 ORDER DATED: 23/04/2026
undefined
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 before the concerned police
station once a week till the trial is over;
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 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
NEUTRAL CITATION
R/CR.MA/9438/2026 ORDER DATED: 23/04/2026
undefined
preliminary nature, made at this stage only for the
purpose of enlarging the applicant on regular bail. The
application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
