R/CR.MA/20366/2025 ORDER DATED: 17/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 20366 of 2025 ======================================================== SULTAN RAMJUBHAI SUMARA Versus STATE OF GUJARAT & ANR. ======================================================== Appearance: SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR HARDIK MEHTA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ======================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/11/2025 ORAL ORDER 1. Heard learned Advocate Mr. Sajid Kariyaniya for learned Advocate Mr. Hirenkumar Niyalchandani on behalf of the applicant and learned Additional Public Prosecutor Mr. Hardik Mehta for the respondent-State. Though served, none appears for respondent no.2. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The present applicant who has been arraigned as an accused has preferred 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. 11211060250195 of 2025 registered with Dhajala Police Station, Surendranagar for the offence punishable under Sections 137(2), 87, 64(2)(l) of the Bhartiya Nyaya Sanhita,2023 read with Sections 3(A), 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 as well as Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes ( Prevention of Atrocities) Act, 1989 after filing of the R/CR.MA/20366/2025 ORDER DATED: 17/11/2025 charge-sheet. 4. Learned Advocate for the applicant submits that the investigation is over and the charge-sheet is filed. It is further submitted that the applicant is behind bar since 24.07.2025. It is further submitted that considering the nature of allegation, role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. 5. The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence. 6. This Court has heard learned Advocates for the respective parties and perused the FIR including charge-sheet papers as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court. 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 SCC 40. 8. This Court has also considered the following aspects: (i) While the age of the prosecutrix is of 17 years 9 months and 13 days, the fact of the applicant being aged 19 years at the time of the incident could not be overlooked. (ii) While it is alleged by the complainant that she had sexual relations with the applicant yet, that was much prior to the date of the FIR, more particularly the FIR having been R/CR.MA/20366/2025 ORDER DATED: 17/11/2025 filed after the prosecutrix had left her parental home to meet the present applicant. (iii) The fact of the present applicant and the prosecutrix having gone to the police station immediately after their elopement more particularly upon the mother of the applicant informing them that police had come to their residents. 9. 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. 10. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11211060250195 of 2025 registered with Dhajala Police Station, Surendranagar for the offence punishable under Sections 137(2), 87, 64(2)(l) of the Bhartiya Nyaya Sanhita,2023 read with Sections 3(A), 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 as well as Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes on executing a bond of Rs.10,000/- (Rupees Ten Thousands 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; R/CR.MA/20366/2025 ORDER DATED: 17/11/2025 [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 residential address without prior intimation to the I.O. 11. 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 take appropriate action in the matter. 12. 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. 13. 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 for being released on regular bail. 14. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) NIRU Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/11/2025 11:16:07