R/CR.MA/9826/2026(GJHC240283242026) ORDER DATED: 31/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 9826 of 2026 ============================================== JAYDEEP HIRABHAI RAVABHAI RAVAL Versus STATE OF GUJARAT & ANR. ============================================== Appearance: MR KAVAN K PATEL(11303) for the Applicant(s) No. 1 MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 2 MS. ALKA B VANIYA(6945) for the Respondent(s) No. 2 MR ROHAN H. RAVAL, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 31/08/2026 ORDER 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.11217006251396 of 2025 registered with Chanasma Police Station, District - Patan for the offences under Sections 78(1)(ii), 78(2), 115(2), 351(1) and 321(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) and under Sections 4, 6, 8 of the Protection of Children from Sexual Offences Act and under Sections 3(1)(r), 3(1)(w)(i), 3(1)(w)(ii), 3(2)(v), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention Atrocities) Act (for short “Atrocity Act”)and under Sections 66(A) and 66(E) of the Information Technology Act. 3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence R/CR.MA/9826/2026(GJHC240283242026) ORDER DATED: 31/08/2026 and now nothing is required to be recovered or discovered. Investigation is over and chargesheet has been filed. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 4) Learned APP appearing on behalf of the respondent-State and learned Advocate for the original complainant have opposed the present application and requested to dismiss the present application for regular bail on the ground that the conduct of the applicant of administering threat with dire consequences to the complainant and there is every possibility that, if the applicant is released on bail, he will indulge in similar offences and try to tamper with the evidence. Therefore, present application does not deserve consideration. Therefore, present application does not deserve 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 R/CR.MA/9826/2026(GJHC240283242026) ORDER DATED: 31/08/2026 aspects have been considered: (1) The allegations against the applicant is that in April – 2024, first offence was registered against the applicant for the offence punishable under Section 363 of the Indian Penal Code with Chanasma Police Station, District – Patan. Thereafter, the impugned offence was registered on 29.12.2025 for the offences punishable under Sections 78(1) (ii), 351(1) and 351(3) of the BNS and under Section 3(2) (va) of the Atrocity Act, wherein, the applicant was released on bail. The applicant after releasing from the custody used to send messaged and administer threats with dire consequences and intentionally made casteist remarks against the complainant. In this regard the impugned offence was registered. At that point of time there were no allegation regarding POCSO Act. Subsequently, in connection of the impugned offence, on 21.01.2026, the Dy.S.P., SCST Cell, Patan, has filed report for adding sections before the learned Special Judge, Atrocity Court, Patan, wherein, the learned 4th Additional Sessions Judge, Patan, vide order dated 23.01.2026, offences punishable under Sections 506(2) of the Indian Penal Code, Sections 3(1)(r), 3(2)(5), 3(1)(w)(1) and 3(1)(w)(2) of the Atrocity Act, Sections 4, 6 and 8 of the POCSO Act, Sections 66(A) and 66(E) of the Information Technology Act and Sections 115(2) and 78(2) of the BNS came to be added. Thereafter, the applicant came to be arrested and once again the applicant has filed application for regular bail being Criminal Misc. Application No.201 of 2026, which came to be dismissed vide order dated 18.03.2026, passed by the learned Special Judge (POCSO), Patan.; (2) Perusing the investigation papers, it appears that initially the FIR was registered under Section 363 of the IPC, wherein, the applicant was released on bail. Thereafter, another R/CR.MA/9826/2026(GJHC240283242026) ORDER DATED: 31/08/2026 offence was registered wherein also he subsequently released on bail. Thereafter, sections under the POCSO Act came to be added, wherein, allegation of penetrative sexual assault came to be levelled against the applicant. The applicant is 19 years old boy and at the time of commission of offence the victim was 17 years and 2 months old. The obscene and objectionable material and/or photographs of the victim were shoot by the applicant and kept in his mobile but no recovery or discovery of the said material was made on the part of the Investigating Officer. The charge-sheet has already been filed and now nothing is required to be recovered or discovered from the applicant. Once the applicant was released earlier in connection of the impugned offence and subsequently due to invocation of subsequent offence under the POCSO Act the applicant once again came to be arrested. So far allegation of tampering with the evidence is concerned, prior to rearrest in the impugned offence no proceedings for cancellation of bail has been filed either by the complainant or the State. Hence, this Court has considered the present application only in narrow compass qua addition of sections report under the POCSO Act. Considering the aforesaid facts more particularly considering the circumstances of the case, without discussing further on merits, present application deserves consideration.; (3) Applicant is behind the bars since 26.01.2026; (4) The applicant has no past antecedents; (5) Investigation is over and charge-sheet is filed; (6) There is nothing to be recovered or discovered from the applicant; (7) Obviously commencement and conclusion of trial will take some time. 7) This Court has also taken into consideration the law laid down by R/CR.MA/9826/2026(GJHC240283242026) ORDER DATED: 31/08/2026 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.11217006251396 of 2025 registered with Chanasma Police Station, District - Patan 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; (a) shall not take undue advantage of liberty or misuse liberty; (b) shall 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) shall surrender passport, if any, to the Trial Court within a week; R/CR.MA/9826/2026(GJHC240283242026) ORDER DATED: 31/08/2026 (d) shall not leave the territory of the State of Gujarat without prior permission of the Trial Court concerned; (e) shall mark presence before the concerned Police Station once in every month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) shall furnish the 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 without prior permission of Trial Court; (g) shall not to enter Taluka – Chanasma for a period of six months except for marking presence before the concerned police station and/or for attending Court; (h) shall not directly or indirectly contact the victim and/or complainant and witnesses connected with the offence; (i) shall not post or make viral any material, message or information relating to the victim on any social media platform or through any electronic media in any manner.; (j) shall not indulge in any illegal activity, failing which the learned trial Court shall issue warrant and cancel the bail of 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 R/CR.MA/9826/2026(GJHC240283242026) ORDER DATED: 31/08/2026 the matter. 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 31/08/2026 18:05:56