[Cites 2, Cited by 0]
Gujarat High Court
Rajeshbhai Kanabhai Pagi vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/9956/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9956 of 2026
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RAJESHBHAI KANABHAI PAGI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRADIP J PATEL(5896) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 29/04/2026
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 C.R. No.
11207061250887 of 2025 registered with Shahera Police Station,
Panchmahal for the offence punishable under Sections 137(2),
87, 64(2)(m), 65(1) of the BNS Act, 2023 read with Sections 4, 6,
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R/CR.MA/9956/2026 ORDER DATED: 29/04/2026
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12 and 17 of the POCSO 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, 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.
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.
5.1 Mr. Yash H. Joshi, learned advocate for the original
complainant places on record the affidavit filed by the original
complainant Suryaben Pratapsinh Rathod and submits that, the
dispute between the applicant and the original complainant has
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R/CR.MA/9956/2026 ORDER DATED: 29/04/2026
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been amicably settled. The original complainant Suryaben is
present in the court today and has affirmed the contents of her
affidavit.
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 Panchmahal
district, hence would be available at the time of trial;
ii. The applicant has no criminal antecedents;
iii. The investigation being over the chargesheet has been filed
before the trial court;
iv. As per the prosecution case, during the trial of Special
POCSO Case No. 8 of 2026, the victim herself has not
supported the prosecution case and has been declared as
hostile;
v. The original complainant Suryaben Rathod has filed her
affidavit, wherein, she has stated that, the dispute between
her and the applicant has been amicably settled, and that, they
do not object, if bail is granted to the applicant;
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R/CR.MA/9956/2026 ORDER DATED: 29/04/2026
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vi. The original complainant is present before the court today
and she has affirmed the facts of her affidavit;
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 F.I.R. registered
as C.R. No. 11207061250887 of 2025 registered with Shahera
Police Station, Panchmahal, 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 he shall;
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[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 local limits of Panchmahal district 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 the first Sunday of every month,
before the concerned police station for a period of six
months;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file an affidavit before the concerned court and
the police station.
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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 at liberty to take appropriate
action in accordance with law.
10. 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.
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)
ANIRUDH OJHA
