R/CR.A/2421/2025 ORDER DATED: 29/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - BEFORE CHARGESHEET) NO. 2421 of 2025 ========================================================== ROHIT UMESHBHAI TIWARI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MEHUL A SURATI(7870) for the Appellant(s) No. 1 NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s) No. 2 MR HARDIK SONI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 29/09/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of Rule for the respondent No.1 – State. 2. By way of this appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellant is seeking to release him on regular bail in connection with the FIR being C.R.No.11191020250371 of 2025 registered with Vastrapur Police Station, Ahmedabad City for the offences punishable under the provisions of the Bharatiya Nyaya Sanhita as well as the Scheduled Castes and the Scheduled Tribes (Prevention of R/CR.A/2421/2025 ORDER DATED: 29/09/2025 Atrocities) Act. 3. Learned advocate Mr. Surati for the appellant submits that as per the case of the prosecution, the so-called incident is occurred during the period between 10.01.2025 to 10.02.2025, whereas, FIR is registered on 31.07.2025. He further submits that pursuant to the registration of the FIR, investigation commenced and as soon as appellant came to know about the registration of the FIR, immediately, he approached before this Court by way of preferring quashing petition, wherein, considering the charge of accusation levelled against the appellant, the Coordinate Bench of this Court has protected the appellant. He submits that thereafter appellant has been arrested in another offence and when the said fact has come to the notice of the Coordinate Bench of this Court, the order qua the appellant has been modified. Thus, the appellant is in judicial custody since 31.08.2025. He further submits that in fact it is alleged against the appellant that appellant has committed rape against the wish and will of the complainant. Learned advocate Mr. Surti submits that in fact appellant and complainant both are major. Learned advocate Mr. Surti has referred to and relied upon certain documents for the purpose of R/CR.A/2421/2025 ORDER DATED: 29/09/2025 proving that the relationship between the appellant and complainant was consensual and appellant has not committed rape upon the complainant. He submits that in fact the complainant stayed with the appellant in the hotel from 14.02.2025 to 15.02.2025 and he has produced the bill of the said hotel. He also submits that complainant has also stayed with the accused persons from 19.02.2025 to 26.02.2025, which is also fortified from the tax invoice of the hotel. Thus, he submits that the relationship between the appellant and complainant was consensual but thereafter some disputes have been cropped up between them for some monetary transaction and with a sole intent to teach lesson to the appellant and other accused persons, a false and fabricated FIR has been registered. Thus, considering the period of incarceration as well as role played by the appellant, he may be enlarged on bail by imposing suitable conditions. 4. On the other hand, learned APP appearing for the respondent – State has vehemently opposed this appeal and submitted that name as well as specific role of the appellant is clearly spelt out from the body of the FIR. He further submits that appellant is also booked in another FIR of similar nature. Therefore, R/CR.A/2421/2025 ORDER DATED: 29/09/2025 looking to the aforesaid facts, the Hon'ble Court may not exercise its discretion in favour of the appellant. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the appellant on regular bail. This Court has considered the following facts while exercising discretion in favour of the appellant :- (i) the appellant is in jail since 31.08.2025; (ii) the investigation is substantially over; (iii) prima facie, the relationship between the complainant and appellant was consensual; (iv) considering the charge of accusation levelled against the appellant and the aspect of consensual relationship, initially, the Coordinate Bench of this Court has protected the appellant in the quashing petition; (v) the so-called incident is occurred during the period between 10.01.2025 to 10.02.2025, whereas, FIR is registered on 31.07.2025. Thus, there is gross delay in registering the FIR and complainant has failed to explain the cause of delay in the FIR. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, R/CR.A/2421/2025 ORDER DATED: 29/09/2025 prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the appellant on regular bail. Hence, present appeal is allowed and the appellant is ordered to be released on regular bail in connection with the FIR being C.R.No.11191020250371 of 2025 registered with Vastrapur Police Station, Ahmedabad City on executing personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the Sessions Judge concerned; [e] furnish latest address of 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 the trial Court; [f] mark his presence before the concerned Police Station in the first week of every month till the trial is over; 7. The Authorities will release the appellant R/CR.A/2421/2025 ORDER DATED: 29/09/2025 only if the appellant 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. Bail bond to be executed before the learned Court concerned 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. At the trial, learned 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 appellant on bail. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) LAVKUMAR J JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LAVKUMAR JAYANTBHAI JANI(HC00210), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/09/2025 15:16:14