[Cites 4, Cited by 0]
Gujarat High Court
Akhtar Yusufbhai @Isubbhai Sumra vs State Of Gujarat on 6 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/3055/2026 ORDER DATED: 06/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 3055 of 2026
==========================================================
AKHTAR YUSUFBHAI @ISUBBHAI SUMRA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SHIVRAJSINGH B RATHORE(10291) for the Applicant(s) No. 1
MR L B DABHI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/03/2026
ORAL ORDER
1. Heard learned advocate Mr. S.B. Rathore appearing on
behalf of the applicant and learned Additional Public Prosecutor
Mr. L.B. Dabhi appearing on behalf of the respondent-State.
Learned advocate Mr. Rudra Mehta appearing for the original
complainant.
2. Learned advocate Mr. Rudra Mehta submits that he has
instructions to appear on behalf of the original complainant and
he may be permitted to file his vakalatnama.
NEUTRAL CITATION
R/CR.MA/3055/2026 ORDER DATED: 06/03/2026
undefined
Permission as sought for is granted.
3. Learned advocate Mr. Rudra Mehta appearing for the
original complainant requests this Court to accept affidavit
tendered by the original complainant, the same is taken on
record.
4. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
5. 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.
11202009251555 of 2025 registered with City 'B' Division Police
Station, Jamnagar, for offences punishable under Sections 137(2),
87, 64(2)(M), 65(1), 69 of B.N.S. and Sections 4, 6 of the POCSO
Act.
6. Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of the
NEUTRAL CITATION
R/CR.MA/3055/2026 ORDER DATED: 06/03/2026
undefined
allegation levelled, the applicant may be enlarged on regular
bail. It is further submitted that 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.
7. 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.
8. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The age of the prosecutrix being around 15 years and one
NEUTRAL CITATION
R/CR.MA/3055/2026 ORDER DATED: 06/03/2026
undefined
month and whereas, the age of the applicant being around 22
years, could not be ignored.
ii. It also prima facie appears, that the present is a case of love
relationship between the parties and whereas the statement of the
prosecutrix dated 27.09.2025, points out to the said aspect.
iii. This Court also considers the observations of the Hon'ble
Supreme Court in case of The State of Uttar Pradesh versus
Anurudh & Anr. 2026 INSC 47.
iv. This Court has also appreciated the affidavit filed on behalf of
the complainant and whereas, it prima facie reflects that the parties
may have settled the matter inter-se.
v. While the learned APP brought to the notice of the Court that
there are two antecedents of the present applicant, yet, considering
that the FIR is a fall out of a love relationship and the parties have
settled, this Court is inclined to allow this application.
vi. The applicant being in custody since 27.09.2025 and the charge-
sheet having been filed.
This Court has taken into consideration the law laid down
NEUTRAL CITATION
R/CR.MA/3055/2026 ORDER DATED: 06/03/2026
undefined
by the Hon'ble Apex Court in the case of Sanjay Chandra v.
Central Bureau of Investigation reported in [2012] 1 SCC 40.
9. In the facts and circumstances of the case and considering the
nature of the allegations made against 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.
10. 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. 11202009251555 of 2025 registered with
City 'B' 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 she shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the
prosecution;
NEUTRAL CITATION
R/CR.MA/3055/2026 ORDER DATED: 06/03/2026
undefined
[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 Court at the time of execution of the bond and shall not
change the residence without prior intimation to the I.O.;
[f] to mark presence once a month for a period of three months
before the concerned police station.
11. The Authorities will release the applicant only if she 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.
12. 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.
NEUTRAL CITATION
R/CR.MA/3055/2026 ORDER DATED: 06/03/2026
undefined
13. 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.
14. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
PD
