[Cites 7, Cited by 0]
Gujarat High Court
Aayush Hasambhai Burban vs State Of Gujarat on 6 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/3172/2025 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.
3172 of 2025
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AAYUSH HASAMBHAI BURBAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VISHAL B MEHTA(5319) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 2
MR VASHISTHA M JOSHI(8972) for the Opponent(s)/Respondent(s) No. 2
MR LB DABHI 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. Vishal Mehta appearing on behalf of the
applicant, learned Additional Public Prosecutor Mr. L.B. Dabhi 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 enlarging the applicant on
Regular Bail in connection with FIR being C.R. No.11203030250437 of
2025 registered with Keshod Police Station, Dist. Junagadh, for the offence
punishable under Sections 64(1), 65(1), 351(3), 329 and 54 of the BNS and
NEUTRAL CITATION
R/CR.A/3172/2025 ORDER DATED: 06/03/2026
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Section 3(1)(W)(1), 3(1)(W)(2) and 3(2)(5) of the Atrocity Act and Section 4,
5(L), 6, 8, 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 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 advocate Mr. Joshi
emphasizing on the age of the prosecutrix. 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 main accused had entered
into physical relationship with the prosecutrix, who was aged around 12
years and 9 months and whereas it would appear that the role attributed
to the present applicant is not co-relatable to the role attributed to the
main accused.
NEUTRAL CITATION
R/CR.A/3172/2025 ORDER DATED: 06/03/2026
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ii. While it appears that the present applicant is named in the FIR, the
role attributed to the applicant is of having threatened the prosecutrix
against revealing the physical relationship with the main accused.
iii. It also appears that the same was administered only one and whereas
the same is reflected in the FIR.
iv. The fact of the present applicant being in custody since 02.07.2025
and the charge-sheet having been laid by the Investigating Officer and
the applicant being 19 years old boy, without 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.11203030250437 of 2025 registered with Keshod Police Station, Dist.
Junagadh, on executing a bond of Rs.5,000/- (Rupees 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;
NEUTRAL CITATION
R/CR.A/3172/2025 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] not to try and contact the complainant or the prosecutrix in any
manner whatsoever even through the social media.
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
