[Cites 2, Cited by 0]
Gujarat High Court
Kishorbhai Langabhai Kunchala/Gadhvi vs State Of Gujarat on 10 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/2419/2025 ORDER DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2419 of 2025
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KISHORBHAI LANGABHAI KUNCHALA/GADHVI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Ashish Dagli 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.
11198019250175 of 2025 registered with Gariyadhar Police
NEUTRAL CITATION
R/CR.A/2419/2025 ORDER DATED: 10/03/2026
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Station, District: Bhavnagar for the offence punishable under
Sections 64(1) and 351(3) of the B.N.S Act and under Section
3(1)(R), 3(1) (w)(i), 3(1)(w)(ii), 3(2)(V-a) and 3(2)(V) of Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities 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 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. Following aspects are
NEUTRAL CITATION
R/CR.A/2419/2025 ORDER DATED: 10/03/2026
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considered:-
i. Allegation being that the applicant had forcibly raped the
complainant and whereas, it would appear that the trial has
commenced and the complainant has resailed from her stand
in her statement before the police authorities as well as in
statement under Section 183 of the BNS.
ii. Perusal of the deposition of the complainant reveals that
the complainant denies of any incident whatsoever having
taken place either with the present applicant or with any
other person.
iii. Considering such a situation, though the trial is in progress
and also considering that the FIR was filed after 68 days yet,
having regard to the fact that the applicant is in custody
19.05.2025, this Court is inclined to grant bail.
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.
NEUTRAL CITATION
R/CR.A/2419/2025 ORDER DATED: 10/03/2026
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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. 11198019250175 of 2025 registered with
Gariyadhar 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;
[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] mark presence once a week till trial is concluded before
the concerned police station.
9. The Authorities will release the applicant only if he is not
required in connection with any other offence for the time being.
NEUTRAL CITATION
R/CR.A/2419/2025 ORDER DATED: 10/03/2026
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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
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)
NAIR SMITA V./11-DB-I
