R/CR.MA/18549/2026 ORDER DATED: 11/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 18549 of 2026 ========================================================== SUMITBHAI PUNAMBHAI RATHOD Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KUNAL S SHAH(5282) for the Applicant(s) No. 1 MR ADITYA JADEJA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 11/08/2026 ORDER Registry to accept vakalatnama of learned advocate Ms. Neha C. Shukla, who has instructions to appear for the father of the victim. [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is <led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11190006260438 of 2026 registered with Ranpur Police Station, District Botad for the oBences punishable under Sections 64(2)(I) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”); sections 9, 10 and 11 of the Prohibition of Child Marriage Act and sections 4, 8 and 12 of the POCSO Act. [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the oBence and now nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the oBence, the applicant may be enlarged on regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail looking to the nature and gravity of the oBence. R/CR.MA/18549/2026 ORDER DATED: 11/08/2026 [5.0] Learned advocate Ms. Neha Shukla appearing for the father of the victim has tendered aGdavit of the father of the victim which is taken on record. The father of the victim has stated in his aGdavit that he has decided to marry his daughter i.e. victim with the present applicant after she attains the age of majority and he has no objection if the applicant is released on bail since the victim is carrying pregnancy of 3 months. [6.0] While granting bail, the Court has to consider the involvement of the accused in the alleged oBence, 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. [7.0] 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 applicant is aged 22 years and victim at the time of incident was aged 17 years 7 months and 13 days and was in love aBair with the applicant and due to this, victim and present applicant got married however, this Court has veri<ed the investigation papers and statement of victim recorded under Section 183 of the BNSS as well as the aGdavit <led by the father of the victim and even otherwise, substantial part of investigation is over; (2) Applicant is behind the bars since 16.07.2026; (3) There is nothing to be recovered or discovered from the applicant; R/CR.MA/18549/2026 ORDER DATED: 11/08/2026 (4) The applicant is not having any past antecedent; (5) Obviously commencement and conclusion of trial will take some time. [8.0] 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. [9.0] 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 <t 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.11190006260438 of 2026 registered with Ranpur Police Station, District Botad on executing a personal bond of Rs.25,000/- (Rupees Twenty-<ve Thousand only) with ONE LOCAL 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 leave the country without prior permission of the Trial Court concerned; R/CR.MA/18549/2026 ORDER DATED: 11/08/2026 (e) mark presence before the concerned Police Station once in a week till Bling of the chargesheet and after Bling of the chargesheet, mark presence before the concerned police station once in a month for a period of six months; (f) furnish the copy of Aadhaar card, email ID/contact number / permanent and present address of his residence to the Investigating OGcer and also to the Court at the time of execution of the bond and shall not change the residence and contact number/SIM card without prior permission of Trial Court; (g) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant. [10.0] The authorities will release the applicant only if he is not required in connection with any other oBence 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. [11.0] 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. [12.0] At the trial, the trial Court shall not be inNuenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. [13.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 11/08/2026 14:35:05