[Cites 8, Cited by 0]
Gujarat High Court
Yash Jashvantbhai @Jashubhai Chavda ... vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.MA/4735/2026 ORDER DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4735 of 2026
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YASH JASHVANTBHAI @JASHUBHAI CHAVDA (DARJI)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
YAGNIT D PATEL(9466) 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
MS. MONALI H. BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/05/2026
ORDER
1) RULE. Learned APP waives service of rule for the
respondent-State.
2) The present application is filed under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for
regular bail in connection with FIR being C.R.
No.11210046251387 of 2025 registered with Puna Police
Station, Surat for the offences under Sections 65(2)(m) and
65(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8
and 12 of the Protection of Children from Sexual Offences Act,
2012.
3) Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
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R/CR.MA/4735/2026 ORDER DATED: 05/05/2026
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implicated in the alleged offence. It is further submitted that the
investigation is complete and the chargesheet has already been
filed. The applicant is a 21 year old boy with no past antecedents.
He further submits that the victim and the present applicant
were in a consensual relationship. Therefore, considering the
nature of the offence, it is prayed that the applicant may kindly
be enlarged on regular bail by imposing suitable conditions.
4) Learned APP appearing for the respondent-State has
opposed the present application and submitted that the
applicant is 21 years old, whereas the victim is a minor. It is
further submitted that, if the applicant is released on bail, the
possibility of tampering with evidence cannot be ruled out. She
has further contended that sufficient material has been collected
during the course of investigation. Considering the same, she has
prayed that the present application may not be allowed.
4.1) Mr. Vashistha M. Joshi, learned counsel appearing on behalf
of respondent No. 2, has also opposed the application and
submitted that the applicant is facing serious charges under the
POCSO Act. It is submitted that, in the event of his release on
bail, there is a likelihood of tampering with evidence and of
creating an adverse or distressing situation for the victim. It is
further contended that the applicant took undue advantage of
the victim, kept her under a misconception, and developed a
physical relationship with her. Considering the conduct of the
applicant, it is submitted that the present application does not
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R/CR.MA/4735/2026 ORDER DATED: 05/05/2026
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deserve to be entertained.
5) While granting bail, the Court has to consider the
involvement of the accused in the alleged offence, the
jurisdiction to grant bail has to be exercised on the basis of the
well settled principles having regard to the facts and
circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail:
(i) the nature of accusation and the severity of the punishment
and the nature of the materials relied upon by the prosecution;
(ii) reasonable apprehension of tampering with the witnesses and
threat to the complainant or the witnesses; (iii) reasonable
possibility of securing the presence of the accused at the time of
trial or the likelihood of his abscondence; (iv) character behaviour
and standing of the accused and the circumstances which are
peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be
considered.
6) I have heard the learned advocates appearing on behalf of
the respective parties and perused the investigation papers.
Following aspects have been considered:
(1) Investigation is over and charge-sheet is filed;
(2) None of the offence alleged is punishable with life sentence
or death penalty and are triable by the Court of JMFC;
(3) Applicant is behind the bars since 12.11.2025;
(4) There is nothing to be recovered or discovered from the
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applicant;
(5) Obviously commencement and conclusion of trial will take
some time.
7) This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay Chandra
vs. Central Bureau of Investigation reported in [2012]1 SCC 40
as well as in the case of Gudikanti Narasimhulu And Ors vs.
Public Prosecutor, High Court of Andhra Pradesh reported in
(1978)1 SCC 240. Obviously, the conclusion of trial will take time
and keeping the accused behind the bars is nothing but amounts
to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that "bail is a rule and jail is
exception" as well as the concept of personal liberty guaranteed
under Article 21 of the Constitution of India, present application
deserves consideration.
8) In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant in the
FIR, 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. Hence, the
present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R.
No.11210046251387 of 2025 registered with Puna Police
Station, Surat on executing a personal bond of Rs. 25,000/-
(Rupees Twenty-five Thousand only) with one surety of the like
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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 & shall not obstruct or hamper the police
investigation and shall not to play mischief with the evidence
collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the
Trial Court concerned;
(e) mark presence before the concerned Police Station once in
every month for a period of six months between 11.00 a.m. and
2.00 p.m.;
(f) furnish the present address of his residence to the
Investigating Officer and also to the Court at the time of
execution of the bond and shall not change the residence
without prior permission of Trial Court;
(g) not to enter Punagam, Surat for a period of six months except
for marking presence before the concerned police station and/or
for attending Court;
(h) not to indulge in any illegal activity failing which learned trial
Court shall issue warrant and cancel the bail of the applicant.
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 Judge concerned will be free to issue warrant or take
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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 trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the applicant on bail.
12) Rule is made absolute to the aforesaid extent. Direct
service is permitted
(HASMUKH D. SUTHAR,J)
GARVITA
