[Cites 1, Cited by 0]
Gujarat High Court
Vijaykumar @Bhuvaji Khanabhai ... vs State Of Gujarat on 10 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5052/2026 ORDER DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 5052 of 2026
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VIJAYKUMAR @BHUVAJI KHANABHAI KARAMSIBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR. JV PADHIYAR(6966) for the Applicant(s) No. 1
MS. HETAL V SANKHALA(15409) for the Applicant(s) No. 1
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the 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. J.V. Padhiyar 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. 11996003260100 of
2026 registered with Deodar Police Station, Dist. Banaskantha, for the
offence punishable under Sections 69, 64(2)(m), 64(2)(f), 351(2)(3) of the
BNS.
NEUTRAL CITATION
R/CR.MA/5052/2026 ORDER DATED: 10/03/2026
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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 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, 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 considered:-
(i) The allegation being that the applicant had coerced the victim into
establishing physical relationship and whereas it would appear to
this Court that the applicant herein and the complainant may have
had an extramarital relationship and later on, for reasons best
known to the complainant, the present FIR is filed.
(ii) The fact of the FIR itself narrating that the complainant going along
with the applicant to various hotels at the behest of the applicant.
(iii) The fact of applicant himself being a distant relative of the
complainant and whereas while the coercion could be alleged once
when offence continues over a period of time, then prima facie, it
would appear to this Court that the same is a continuing
extramarital relationship.
(iv) The fact of the co-accused having been released by this Court vide
NEUTRAL CITATION
R/CR.MA/5052/2026 ORDER DATED: 10/03/2026
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order dated 09.03.2026 and whereas this Court having noticed that
the relationship with the present applicant, may be a case of
extramarital affair.
(v) The fact of the applicant being in custody since 10.02.2026 and
having no antecedents.
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.11996003260100 of 2026 registered with Deodar Police Station, Dist.
Banaskantha, 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
NEUTRAL CITATION
R/CR.MA/5052/2026 ORDER DATED: 10/03/2026
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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 the charge-sheet is filed and thereafter
once a month for a period of six months 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. 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)
Y.N. VYAS
