[Cites 6, Cited by 0]
Gujarat High Court
Chetan @ Sagar Hiteshbhai Parmar vs State Of Gujarat on 20 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/790/2026 ORDER DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 790 of 2026
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CHETAN @ SAGAR HITESHBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. D V CHAUHAN(14670) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR VASHISTHA M JOSHI(8972) for the Respondent(s) No. 2
MR ADITYA JADEJA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/03/2026
ORAL ORDER
1. Heard learned advocate Mr.D.V.Chauhan appearing on
behalf of the applicant, learned Additional Public Prosecutor
Mr.Aditya Jadeja appearing on behalf of the respondent-State
and learned advocate Mr.Vashistha Joshi appearing on behalf
of respondent no.2.
2. Rule. Learned APP waives service of rule on behalf of
the respondent-State and learned advocate Mr.Joshi waives
service of rule on behalf of respondent no.2.
3. The applicant has filed this application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for
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R/CR.MA/790/2026 ORDER DATED: 20/03/2026
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enlarging the applicant on Regular Bail in connection with FIR
being C.R. No. 11202002251688/2025 registered with City C-
Division Police Station, Jamnagar for the offence punishable
under Sections 64(2)(m) of the BNS and Sections 4, 6, 12 of
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 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 and learned
advocate for respondent no.2 have 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
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R/CR.MA/790/2026 ORDER DATED: 20/03/2026
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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. While the age of the prosecutrix is stated to be around
15 years 02 months, the age of the present applicant being
22 years could not be ignored.
ii. It also appears that the applicant and the prosecutrix
were having a love affair, thus negating any allegations of
threat, force or coercion involved and reflecting the
consensual nature of the relationship.
iii. The Hon'ble Supreme Court in case of State of Uttar
Pradesh vs. Anurudh & Anr. reported in 2026 INSC 47
having noted the fact of the POCSO Act being misused even
when the case is one of a romantic / consensual
relationship between adolescents or one where the
prosecutrix / victim is adolescent and where the age gap
between the parties is not substantial.
iv. The fact of the present applicant being in custody since
07.09.2025 and the charge-sheet having been laid by the
Investigating Officer.
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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. 11202002251688/2025 registered with
City C-Division Police Station, Jamnagar, on executing a bond
of Rs.10,000/- (Rupees Ten 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
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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 to enter limits of City C-Division Police Station,
Jamnagar till the conclusion of the trial, except for the
purpose of marking presence.
[g] mark presence once a month for a period of three
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
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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)
Bhoomi
