[Cites 5, Cited by 0]
Gujarat High Court
Sarthakkumar Darasing Parmar ... vs State Of Gujarat on 6 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/1645/2026 ORDER DATED: 06/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1645 of 2026
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SARTHAKKUMAR DARASING PARMAR (GOHEL)(THAKOR)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
SEHBAZHUSAN A KADRI(8012) for the Applicant(s) No. 1
MR LB DABHI ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
YAGNESHKUMAR S JOSHI(8074) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/03/2026
ORAL ORDER
1. Heard learned advocate Mr. Sehbazhusan Kadri 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.
Yagnesh S. 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.11204045250258 of
2025 registered with Nadiad Rural Police Station, Dist. Kheda, for the
offence punishable under Sections 137(2), 64(2) (m), 65(1), 351(2), 54 of the
BNS and Sections 3(1)(w)(i), 3(1)(w)(ii) and 3(2) (v-a) of the Scheduled
Caste and the Scheduled Tribes (Prevention of Atrocities) Act and Section
5(L) and 6 of the POCSO Act.
NEUTRAL CITATION
R/CR.MA/1645/2026 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 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 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 16 years 7
months, the age of the present applicant being 21 years could not be
ignored.
ii. Prima facie, the present appears to be case of love affair and whereas
the FIR had been filed, more particularly to pottering the same as a
forcible 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
NEUTRAL CITATION
R/CR.MA/1645/2026 ORDER DATED: 06/03/2026
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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 31.05.2025
and the charge-sheet having been laid by the Investigating Officer and
the applicant being a 21 years old boy, without 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.11204045250258 of 2025 registered with Nadiad Rural Police Station,
Dist. Kheda, 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;
[d] not leave the State of Gujarat without prior permission of the
NEUTRAL CITATION
R/CR.MA/1645/2026 ORDER DATED: 06/03/2026
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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.;
[e] mark presence once a month before the concerned police station for
a period of three months.
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
