R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 18400 of 2026 ========================================================== REHANABEN RAFIKBHAI IBRAHIMBHAI NAYAK Versus STATE OF GUJARAT ========================================================== Appearance: MR ASIF A GHANCHI(6488) for the Applicant(s) No. 1 MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 22/09/2026 ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] 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. 11211015260175 of 2026 registered with Dhrangadhra City Police Station, Surendranagar, for the offences under Sections 103(1) of the Bhartiya Nyaya Sanhita and Section 3(3) OF THE Gujarat Prevention and Eradication of Human Sacrifice and other Inhuman Evil and Aghori Practices and Black Magics Act. [3.0] Learned advocate for the applicant submitted that the charge-sheet has already been filed and, therefore, custodial interrogation of the present applicant is no longer required. It is submitted that the present applicant is a lady aged about 38 years and is having three minor children to take care of. It is further submitted that the complaint has been filed belatedly, after a delay of about 16 days, and the said delay has not been R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 satisfactorily explained. The present applicant has no past antecedents. It is submitted that there is no eyewitness to the alleged incident and that the case of the prosecution is based merely on suspicion, presumption and assumption. Learned advocate for the applicant further submitted that the present applicant is innocent and has not committed any offence as alleged. It is alleged that the son of the complainant was found drowned in a water tank situated in the courtyard/veranda of the house of the present applicant. However, there is no direct nexus or connecting material between the present applicant and the alleged incident. It is submitted that merely because the present applicant had allegedly informed the complainant to sacrifice a sheep for appeasement of her goddess, namely, Gel Mata, and had stated that if the sheep was not sacrificed, the complainant would have to face the consequences, no inference can be drawn that the present applicant was involved in the alleged offence. It is further submitted that the complainant and the family of the present applicant were having cordial relations and that the present applicant had no role whatsoever in the alleged incident. It is therefore urged that, considering the nature of the allegations, absence of any eyewitness, absence of past antecedents, filing of the charge-sheet and the fact that the applicant is a lady having three minor children, the present application may be allowed. [4.0] Learned APP, on the other hand, has vehemently opposed the present application and submitted that the applicant is involved in a serious offence and is allegedly practising tantrik activities. It is submitted that the offence has been registered R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 under Section 3(3) of the Gujarat Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act. It is submitted that the complaint was lodged belatedly because the complainant was under fear of black magic. According to the learned APP, a plausible explanation has been offered for the delay, as the complainant gathered courage and thereafter lodged the complaint. It is submitted that the conduct of the present applicant is required to be considered in the backdrop of the allegations made in the complaint. It is submitted that initially the complainant had three daughters and, thereafter, when he approached the present applicant and certain rituals were allegedly performed, his wife gave birth to a son. It is alleged that, as a condition for the birth of the son, the complainant was required to offer a sheep for sacrifice to the goddess of the present applicant, namely, Gelma Mata. After the birth of the son, namely, Kartik, and after about four to six months, the present applicant allegedly informed the complainant that he should sacrifice a sheep to the goddess. However, the complainant did not pay heed to the said demand and stated that he would sacrifice the sheep only if the goddess appeared in his dream. It is submitted that, thereafter, as the complainant failed to fulfil the alleged promise, the present applicant allegedly informed him that he would have to face dire consequences on Chaitri Poonam, i.e. the full moon day of the month of Chaitra. On the said day, the son of the complainant was allegedly found drowning in the water tank situated in the premises of the present applicant. It is further submitted that at the relevant time the present applicant was standing outside her house and had locked the house. Page 3 of 9 R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 When the complainant inquired about the whereabouts of the children, the present applicant allegedly informed him that before 5:00 p.m. she had given Rs.5/- to his daughter and deceased son, and that they had gone to a shop to purchase something. Thereafter, upon searching for the deceased child, the present applicant allegedly opened the lock of the veranda, and the deceased child was found in the water tank situated therein. The child had died due to drowning. It is, therefore, submitted that the circumstances on record prima facie indicate the involvement of the present applicant in the alleged offence. Learned APP further submitted that, if the present applicant is released on bail, the possibility of her indulging in or promoting such black magic and other similar activities cannot be ruled out. It is, therefore, urged that the present application may be dismissed. [5.0] 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 R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) Investigation is over and charge-sheet is filed; (2) Applicant is behind the bar since 19.04.2026; (3) There is nothing to be recovered or discovered from the applicant; (4) Prima facie, it appears that there is no eyewitness to the alleged incident and the case of the prosecution is substantially based on circumstantial evidence. It is not in dispute that the deceased child was found in the water tank situated in the premises of the present applicant. However, at this stage, there is no direct evidence or cogent connecting material indicating as to how the deceased child fell into the water tank or establishing the involvement of the present applicant in the death of the deceased; (5) The allegations regarding black magic and the alleged demand for sacrifice of a sheep are also required to be considered in the light of the material collected during the investigation. At this stage, except the allegations made in the complaint and the circumstances narrated therein, no direct evidence connecting the present applicant with the death of the deceased child is brought on record. Page 5 of 9 R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 (6) It is a settled principle that suspicion, however strong it may be, cannot take the place of proof. At the stage of considering the application for bail, the Court is required to consider the nature of the allegations, the material collected during investigation, the possibility of the applicant tampering with the evidence or influencing the witnesses, the likelihood of the trial being concluded within a reasonable period and other relevant circumstances. (7) So far as the offence under Section 3(3) of the Gujarat Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act is concerned, the punishment prescribed thereunder ranges from a minimum of six months to a maximum of seven years. The charge-sheet has already been filed and, therefore, custodial interrogation of the present applicant is not required. (8) This Court has also considered the fact that the present applicant is a lady aged about 38 years and has three minor children to take care of. The applicant has no past antecedents. Considering the totality of the facts and circumstances of the case, the nature of the allegations, absence of any eyewitness, the fact that the charge-sheet has already been filed, and the principle that suspicion, however strong, cannot substitute proof, this Court is of the view that the present application deserves to be allowed. (9) Prosecution has failed to point out the circumstances to continue or prolong his incarceration; (10) Obviously commencement and conclusion of trial will R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 take its own time. [7.0] 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. [8.0] 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 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. 11211015260175 of 2026 registered with Dhrangadhra City 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/she shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 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 State of Gujarat without prior permission of the Trial Court concerned; (e) 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) furnish the Aadhaar 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) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant. [9.0] 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. [10.0] 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. R/CR.MA/18400/2026(GJHC240595922026) ORDER DATED: 22/09/2026 [11.0] 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. [12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 23/09/2026 15:56:02