R/CR.MA/4486/2025 ORDER DATED: 28/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 4486 of 2025 ========================================================== SURESHBHAI DHUDABHAI NANDENIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JIGAR L PATEL(11596) for the Applicant(s) No. 1 MR S S PARIKH(11335) for the Respondent(s) No. 2 MR.HARDIK SONI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 28/04/2025 ORAL ORDER 1. Leave to amend. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State. 2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11211045240557 of 2024 registered with Sayla Police Station, District Surendranagar. 3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. Page 1 of 5 R/CR.MA/4486/2025 ORDER DATED: 28/04/2025 4. The learned APP appearing for the respondent State has vehemently submitted that the age of the prosecutrix was below 18 years at the relevant time. Therefore, her consent would be immaterial. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised. 5. Learned advocate appearing for the original complainant has opposed the grant of present application inter-alia contending that the present applicant actively involved in the present offence. Therefore, he has submitted that the present application may not be allowed. 6. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. Upon perusal of the statement of the prosecutrix, it appears that there was a love-affair between the present applicant and the prosecutrix. The prosecutrix wanted to marry the present applicant. However, her parents were not agreeable for the same and therefore, she, on her own volition had eloped with the present applicant and had established physical relations with the present applicant with her own consent she was aged about 16 years and 10 months. Having regard to the same, the present application deserves to be allowed. 7. This court has also considered the following aspects: R/CR.MA/4486/2025 ORDER DATED: 28/04/2025 (a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused. (b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away. (c) That the Applicant is in custody since 20.12.2024. (d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40. 8. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that; (a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or R/CR.MA/4486/2025 ORDER DATED: 28/04/2025 any Police Officer or tamper with the evidence. (b) shall maintain law and order and not to indulge in any criminal activities. (c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court. (d) shall provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court. (e) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any. (f) shall not leave India without prior permission of the Trial Court (g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect. (h) shall mark presence before the concerned police station once in a month for a period of six months between 11:00 a.m. and 2:00 p.m. 9. The authorities concerned shall 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 R/CR.MA/4486/2025 ORDER DATED: 28/04/2025 issue warrant or take appropriate action in the matter. 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. 10. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 11. Rule made absolute to the aforesaid extent. Direct service is permitted. (M. R. MENGDEY,J) NABILA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 28/04/2025 18:06:26