[Cites 2, Cited by 0]
Gujarat High Court
Maheshbhai Manubhai Chudasama vs State Of Gujarat on 24 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/9564/2026 ORDER DATED: 24/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9564 of 2026
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MAHESHBHAI MANUBHAI CHUDASAMA
Versus
STATE OF GUJARAT
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Appearance:
MR GAURANG K CHAUHAN(9858) 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 : 24/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. Gaurang K. Chauhan 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 applicant on
Regular Bail in connection with FIR being C.R. No. 11198053250766 of
2025 registered with Talaja Police Station, District Bhavnagar, for the
offence punishable under Sections 64(1), 118(1), 332(B) of the Bharatiya
Nyaya Sanhita, 2023 and Section 135 of the Gujarat Police Act.
4. Learned Advocate for the applicant would submit that considering
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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
since the 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.
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 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. Statement under Section 183 of
the prosecutrix has been opened and perused by this Court and has been
returned back to the learned APP. Following aspects are considered:-
i. Allegation being very serious, i.e. the applicant had alleged to have
forcibly raped the complainant, more particularly the complainant
being aged around 85 years.
ii. It would appear in this regard that the complainant was living in
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her daughter's house, alone and whereas the allegation is that at
around 4:00 a.m, the present applicant had come to the house of the
complainant and forced himself upon her. As against the same, it
would appear that while the incident had taken place as per the FIR on
the intervening night of 24th October, 2025, the complainant had been
examined by the doctors at the Civil Hospital, Bhavnagar, where the
complainant had inter alia stated that the offence had been committed
by one Rahul Manabhai Chudasama and whereas it is mentioned that
the age of the said person was 27 years and it is also mentioned that
the person who had allegedly committed the offence, was a neighbour
of the complainant and that the complainant knew the said person
from his childhood.
iii. To this Court it would appear that such a statement of the
complainant before the doctor, is a factum which is too difficult to
ignore even at this stage, more particularly considering the seriousness
of the offence.
iv. This Court has also considered the fact the applicant is in custody
since the 26th October, 2025, the charge-sheet having been file and
there is no antecedent against the present applicant.
v. Considering such a position, more particularly considering the
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statement of the complainant, referred to hereinabove and the gross
inconsistency which is apparent in the said statement, to this Court it
would appear that intervention at this stage is required.
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 C.R. No.
11198053250766 of 2025 registered with Talaja Police Station, District
Bhavnagar, on executing a 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 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;
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[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] not enter Talaja Taluka till the deposition of the prosecutrix is
recorded in the trial, except for the purpose of marking presence
before the concerned Police Station.
[g] mark presence before the concerned Police Station once a month
till the deposition of the prosecutrix is recorded in the trial.
9. 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 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
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observations of this Court which are of preliminary nature 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)
BDSONGARA
