R/CR.MA/5942/2026 ORDER DATED: 17/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 5942 of 2026 ========================================================== AATISHBHAI LALITBHAI LASHUBHAI DAMOR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SUJAVAL H KOTWAL(12837) for the Applicant(s) No. 1 MR. FAIJAN. H. MEMON(14630) for the Applicant(s) No. 1 MR UTKARSH SHARMA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/03/2026 ORAL ORDER 1. Heard learned advocate Mr.Faijan Memon appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Utkarsh Sharma appearing on behalf of the respondent-State. 1.1. At the outset, learned advocate Mr.Memon would submit that the respondent no.2 has been wrongly joined as party respondent and whereas, this Court may consider this application without any reference to respondent no.2. Draft amendment is also 'led to that e(ect. The request being reasonable, is acceded to. Draft amendment is allowed. To be carried out forthwith. Page 1 of 6 R/CR.MA/5942/2026 ORDER DATED: 17/03/2026 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicant has 'led this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11199012250701/2025 registered with City B- Division Police Station, Bharuch for the o(ence punishable under Sections 64(1), 351(3), 74 of the BNS. 4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge- sheet is 'led no useful purpose would be served by keeping the applicant in jail for inde'nite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail. 5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP R/CR.MA/5942/2026 ORDER DATED: 17/03/2026 has submitted that looking to the nature of o(ence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The allegation being that the applicant had committed rape / attempt to commit rate upon the prosecutrix. ii. The fact that the incident had happened at a place where number of people were present, more particularly, the applicant and the prosecutrix being construction workers and whereas, the husband of the prosecutrix also being present over there, places a question mark upon the version of the complainant. iii. Prima facie, even if the version of the complainant is to be accepted, then also, it might appear to be a case of a consensual relationship and not of a forcible relationship. iv. It also appears that the complainant had attempted to have the issue settled through the community meetings and whereas, the FIR had been 'led approximately seven days R/CR.MA/5942/2026 ORDER DATED: 17/03/2026 after the date of the alleged incident on account of the same. v. The present applicant being in custody since 22.10.2025, charge-sheet having been 'led and the applicant not having any antecedents otherwise. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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. 8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11199012250701/2025 registered with City B-Division Police Station, Bharuch, on executing a bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court R/CR.MA/5942/2026 ORDER DATED: 17/03/2026 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; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.; [f] not to enter District: Bharuch and Taluka:Garbada, Dahod for a period of six months except for the purpose of attending the trial. [g] mark presence once a month for a period of six months before Dahod Town A- Division Police Station, Dahod. 9. The Authorities will release the applicant only if he is not required in connection with any other o(ence for the time being. If breach of any of the above conditions is committed, R/CR.MA/5942/2026 ORDER DATED: 17/03/2026 the Sessions Court concerned will be free to take appropriate action in 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 stage of trial, the trial court shall not be inDuenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 18/03/2026 12:00:01