R/CR.MA/13342/2026 ORDER DATED: 08/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 13342 of 2026 ============================================== BHARATBHAI @HARESHBHAI JEMABHAI MAKWANA (NAME AS PER SESSION COURT ORDER) 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 ADITYA JADEJA, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/07/2026 ORDER Learned Advocate Mr. Mohitsinh A. Jadeja, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama. The Registry is directed to accept the Vakalatnama. The respondent no.2 – original complainant is present before this Court and tendered her affidavit which is taken on record. 1) RULE. Learned APP waives service of rule for the respondent-State. 2) The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11211050250439 of 2025 registered with Thangadh Police Station, Surendranagar, for the offence under Sections 137(1), 137(2), 87, 64(2)(i), 64(2)(f), 64(2)(h) and 64(2)(m) of the Bharatiya Nyaya Sanhita and under Sections 3(a), 4, 5(J)(2), 5(L), 5(N), 5(Q), 6, 11(4) and 12 of the R/CR.MA/13342/2026 ORDER DATED: 08/07/2026 POCSO Act. 3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Substantial part of investigation is over. He therefore submits that, considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions. 4) Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is involved in serious offence and has played active role in the commission of the present offence. Considering the conduct of the applicant, application does not deserve any consideration. 5) While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. 6) I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) The complainant has filed her affidavit and the same is taken on record. At the outset the complainant has stated that the dispute is settled between the parties as the victim and accused belongs to same community and R/CR.MA/13342/2026 ORDER DATED: 08/07/2026 further stated that as and when the victim will attain majority both will enter into matrimonial relationship. (2) Substantial part of investigation is over; (3) Applicant is aged 23 years old who is behind the bar since 23.05.2026; (4) The applicant and victim resided together for 10 months.; (5) There is nothing to be recovered or discovered from the applicant; (6) There is one offence registered against the applicant under Section 135 of the GP Act wherein he has already been found guilty except this no past antecedents of similar nature; (7) Obviously commencement and conclusion of trial will take some time. 7) This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration. 8) In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11211050250439 of 2025 R/CR.MA/13342/2026 ORDER DATED: 08/07/2026 registered with Thangadh Police Station, Surendranagar on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not to leave State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in a week till filing of the chargesheet and after filing of the chargesheet, mark presence before the concerned police station once in a month for a period of six months; (f) furnish the Aadhar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court; (g) if the applicant is found to be indulged in any illegal activities in future, the trial Court concerned will be free to issue warrant and cancel the bail granted to the applicant. 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 Judge concerned will be free to issue warrant or take appropriate action in the matter. Page 4 of 5 R/CR.MA/13342/2026 ORDER DATED: 08/07/2026 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 trial, the 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. 12) Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ANKIT JANSARI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 08/07/2026 18:50:43