[Cites 1, Cited by 0]
Gujarat High Court
Poonam Brijmohansingh Bhadoriya vs State Of Gujarat on 11 May, 2026
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R/CR.MA/11059/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 11059 of 2026
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POONAM BRIJMOHANSINGH BHADORIYA
Versus
STATE OF GUJARAT
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Appearance:
MR. SURAJ A SHUKLA(7185) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 11/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor appearing
on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11210048260191 of 2026 registered with Umra Police
Station, Surat City for the offence punishable under Sections
108, 308(2) of the BNS, 2023.
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, further incarceration of the applicant will not benefit
the Investigation Officer in any manner. 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 has vehemently objected
to the grant of regular bail. Learned APP has submitted that
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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 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 applicant is a permanent resident of Surat, hence
would be available at the time of trial.
ii. The applicant does not have any criminal antecedents;
iii. The investigation is over and the charge-sheet has been
filed.
iv. The deceased who was married was in relationship with
the applicant since 15-17 years, prior to the unfortunate
incident.
v. It also appears that the original complainant has stated
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before the ACP, H Division, Surat City, in her statement
dated 09.03.2026 that she had given her statement on
01.02.2026, as regards information note (janvajog) no. 10 of
2026, that there were differences between the family
members as regards the preparation of the original
complainant's marriage, and the deceased after being
infuriated had committed suicide. However, thereafter, she
had stated that, since the applicant had illicit love affair
with her father, the applicant had taken disadvantage of the
said relationship and had usurped her father's properties.
vi. One of the prosecution witnesses namely Sharda
Rajeshbhai Kabaria, who is the sister of the deceased has
also mentioned in her statement before the ACP, H Division,
Surat City that, there were differences between her brother
and the other family members as regards the preparation of
original complainant's marriage, and the deceased being
angry had taken the extreme step.
vii. It also transpires from the statement of prosecution
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witness Sanjaybhai Vallabhbhai Fagania, who was the
deceased's business partner for 30 years that, the deceased
had revealed about his relationship with the applicant to
this witness in July. 2025. However, in the light of the fact
that, this witness and the deceased were business partners
since 30 years, the fact about the deceased being in extra
marital relationship with the applicant, could never have
gone unnoticed.
viii. The Investigation Officer had also recorded the
statement of the deceased's wife Pallaviben, who too had
mentioned the same fact about differences having occurred
while they were discussing the arrangements of their
daughter i.e. the original complainant's wedding, when the
deceased got excited and took the extreme step of
committing suicide.
ix. It also transpires from the FIR that though the original
complainant along with her younger sister had gone to meet
the applicant in July, 2025 and counsel her so as to not
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harass their father i.e. the deceased, the applicant had got
angry with them and had threatened them, however, the
original complainant and her younger sister thereafter,
having returned and not having done anything.
x. The applicant having relied upon various photographs
depicting her relationship with the deceased, and also the
whatsApp chats between her and the deceased.
xi. In spite of the fact that, the deceased was having extra
marital relationship with the applicant since 15-17 years
prior to the incident, the family members never having
objected to such relationship, or for that matter, not having
initiated any proceedings against the applicant, for her
alleged misdeeds.
7. 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
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SCC 40.
8. 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.
9. 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. 11210048260191 of 2026 registered with
Umra Police Station, Surat City, on executing a bail 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 she shall;
[a] not take undue advantage of liberty or misuse liberty;
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[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender her passport, if any, to the trial court within a
week, and if she does not possess a passport, she shall file
an affidavit to that effect;
[d] furnish the present address of her residence to the I.O.
and to the Court at the time of execution of the bond and
shall not change her residence without prior intimation to
the I.O. and the court;
[e] mark her presence on every Monday before the
concerned police station for three months;
10. 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 at liberty to take
appropriate action in accordance with law.
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11. Bail bond to be executed before the trial 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.
12. At the stage of trial, the competent 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
enlarging the applicant on regular bail. The application is
allowed in the aforesaid terms. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
PD
