[Cites 12, Cited by 0]
Gujarat High Court
Sanjaykumar Alias Chaku Bharatbhai ... vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/7771/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7771 of 2026
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SANJAYKUMAR ALIAS CHAKU BHARATBHAI GANGARAM PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AMRISH K PANDYA(3219) for the Applicant(s) No. 1
MR KAVAN K PATEL(11303) for the Respondent(s) No. 2
MR VIVEK V BHAMARE(6710) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2026
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
Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for regular bail
in connection with FIR being C.R. No.11206033250812 of 2025
registered with Unjha Police Station, District - Mahesana for
the offences under Sections 64(2)(m), 78(2), 351(2), 352, 75(2)
and 54 of the Bharatiya Nyaya Sanhita and under Section 3(1)(r)
(s), 3(1)(w), 3(2)(v) and 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities Act) and under Sections
3(a), 4, 4(2), 5(l), 6, 8, 12 and 17 of the Protection of Children
from the Sexual Offences Act.
3) Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence
and now nothing is required to be recovered or discovered.
Investigation is over and chargesheet has been filed. The applicant
is not named in the FIR and no allegations are levelled against him.
The applicant was subsequently arraigned as an accused after 14
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R/CR.MA/7771/2026 ORDER DATED: 07/05/2026
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days of registration of FIR and statement was recorded alleging
outraging the modesty. The applicant is also belongs to Schedule
Caste. The applicant arrested on 15.01.2026. He therefore submits
that, considering the nature of the offence, the applicant may be
enlarged on regular bail by imposing suitable conditions.
4) Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the
present application for regular bail on the ground that applicant has
committed serious offence under the BNS, Atrocity Act as well as
POCSO Act. Therefore, looking to the gravity of offence and role of
the accused, present application does not deserve consideration.
Learned Advocate Mr. V. V. Bhamare, for the complainant
has opposed the bail application and filed affidavit which is taken on
record and prayed to dismiss the present application.
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
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respective parties and perused the investigation papers. Following
aspects have been considered:
(1) Investigation is over and charge-sheet is filed;
(2) In statement recorded under Section 183 of the BNSS
no role attributed to the applicant qua aggravated
sexual assault;
(3) Applicant is behind the bars since 15.02.2026;
(4) There is nothing to be recovered or discovered from
the 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.11206033250812 of 2025
registered with Unjha Police Station, District - Mahesana on
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executing a personal bond of Rs.25,000/- (Rupees Twenty-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 & 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 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 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.
NEUTRAL CITATION
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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)
ANKIT JANSARI
