[Cites 4, Cited by 0]
Gujarat High Court
Punabhai @ Sultan Sumarbhai Dhimar vs State Of Gujarat on 6 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/2567/2025 ORDER DATED: 06/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2567 of 2025
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PUNABHAI @ SULTAN SUMARBHAI DHIMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
VISHAL K ANANDJIWALA(7798) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR LB DABHIA ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Yash Gupta appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi
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.11218005250056 of
2025 registered with Navibandar Marine Police Station, Porbandar, for the
offence punishable under Sections 64(2)(m) and 351(3) of the BNS and
Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(v), 3(2)(va) of the Scheduled Castes &
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
NEUTRAL CITATION
R/CR.A/2567/2025 ORDER DATED: 06/03/2026
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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 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 considered:-
i. The allegation in the FIR being that the applicant had committed the
offence of rape etc. It would appear in this regard that the allegation
in the FIR being that the complainant had borrowed some money
from the applicant and since the complainant was not returning the
same, the applicant had made physical advances and thereafter had
raped the complainant and whereas it would appear that said
relationship had gone on for a period of 10 months.
ii. It would prima facie appear that the present appears to be a case of
extra-marital relationship and whereas the complaint having been
filed upon the relationship having been soured.
NEUTRAL CITATION
R/CR.A/2567/2025 ORDER DATED: 06/03/2026
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iii. It also appears that the allegation of force, coercion etc. may not
prima facie be palatable, since the offence of rape had taken place on
number of occasions and number of places including hotels rooms
etc.
iv. The fact of the complaint being filed after a year of the first incident.
v. The fact of the applicant being in custody since 24.06.2025, the
charge-sheet having been laid and the applicant not having any
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.11218005250056 of 2025 registered with Navibandar Marine Police
Station, Porbandar, 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 week;
NEUTRAL CITATION
R/CR.A/2567/2025 ORDER DATED: 06/03/2026
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[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 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 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
