R/CR.MA/11285/2026 ORDER DATED: 26/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 11285 of 2026 ========================================================== AJAYBHAI HAMIRBHAI CHAUHAN Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. RAJKUMAR N DAVE(14054) for the Applicant(s) No. 1 MS UNNATI V PAREKH(12781) for the Applicant(s) No. 1 NOTICE NOT RECD BACK for the Respondent(s) No. 2 MS MAITHILI MEHTA, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 26/05/2026 ORAL ORDER 1. At the outset, learned APP, pursuant to the request received from the complainant-victim, requested this Court to suspend the live streaming of the proceedings of this case, which is under the POCSO Act, and therefore, the live streaming was suspended during the hearing of this application. 1.1 Heard learned advocate for the applicant and learned APP for the respondent – State. 2. By this application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the applicant is seeking release on regular bail in connection with the FIR bearing No. 11186002260202 of 2026, registered with Kodinar Police Station for the R/CR.MA/11285/2026 ORDER DATED: 26/05/2026 offences punishable under Sections 64(2)(m), 87 and 137(2) of the Bhartiya Nyay Sanhita, 2023 and Sections 4, 6, 10 and 12 of the Protection of Children from Sexual Offences Act, 2012. 3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions. 4. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised. 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 applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :- R/CR.MA/11285/2026 ORDER DATED: 26/05/2026 (i) the applicant is in jail since 15.02.2026; (ii) the investigation is over and the charge-sheet is filed; (iii) no past antecedent; (iv) prima-facie, it seems that this is a case of love affair, as in the FIR, itself, the complainant – victim has stated that she came into contact with the present applicant through a social media application and they used to meet each other, however, the same is subject to evidence; 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR, bearing No. 11186002260202 of 2026, registered with Kodinar Police Station, on executing personal bond of Rs.10,000/- (Rupees Ten 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; R/CR.MA/11285/2026 ORDER DATED: 26/05/2026 [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; [g] shall not enter Kodinar Taluka for the period of six months from the date of this order; 7. The Authorities will release the applicant only if the applicant is not required in connection with any other R/CR.MA/11285/2026 ORDER DATED: 26/05/2026 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 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. 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 applicant on bail. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 26/05/2026 13:25:16