R/CR.MA/26752/2025 ORDER DATED: 19/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 26752 of 2025 ========================================================== SARIFABEN W/O ABBASBHAI KASAMBHAI SAIYAD Versus STATE OF GUJARAT ========================================================== Appearance: MR MUNJAL V ACHARYA(10678) for the Applicant(s) No. 1 MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 19/12/2025 ORAL ORDER 1. Heard learned advocate Mr. Munjal Acharya appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya 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 the applicant on Regular Bail in connection with FIR being C.R. No. 11198001251178 of 2025 registered with Nilambaug Police Station, Bhavnagar, District Bhavnagar, for the offence punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act and Sections 143(2) and 143(3) of the Bharatiya Nyaya Sanhita, 2023. Page 1 of 5 R/CR.MA/26752/2025 ORDER DATED: 19/12/2025 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 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 looking to the nature of offence and the role attributed to the present applicant as coming out from the affidavit of the Investigating Officer, this Court may not exercise the 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 allegation being that the applicant was running the Spa where the alleged illegal activity was being carried out. ii. The fact of the license of the Spa being in the name of the son of the applicant and the applicant being operating the business. iii. Prima facie it would appear that the applicant was acting as a R/CR.MA/26752/2025 ORDER DATED: 19/12/2025 Manager for a small commission and whereas the major role would be attributable to the co-accused i.e. son of the applicant. iv. The fact of the applicant being a lady accused. v. Though there is an antecedent of the applicant being involved in a similar offence, considering the nature of the offence and considering the role attributed to the present applicant, this Court is inclined to allow this application. 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 SCC 40. 7. 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. 8. 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. 11198001251178 of 2025 registered with Nilambaug Police Station, Bhavnagar, District Bhavnagar, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the R/CR.MA/26752/2025 ORDER DATED: 19/12/2025 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; [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.; 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 Court concerned will be free to 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. 11. 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 R/CR.MA/26752/2025 ORDER DATED: 19/12/2025 for being released on regular bail. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 20/12/2025 16:28:19