IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 4222 of 2026 ========================================================== VIKARAMJI SEDHAJI THAKARDA & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR.DIPEN F CHAUDHARI(6740) for the Applicant(s) No. 1,2 MR HARDIK METHA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 10/03/2026 ORAL ORDER 1. Heard learned advocate Mr. Dipen Chaudhari appearing on behalf of the applicants, learned Additional Public Prosecutor Mr. Hardik Mehta appearing on behalf of the respondent-State and learned advocate Mr. Krupa Sathwara for learned advocate Mr. Bachani, who submits that the learned advocate Mr. Bachani has instructions to appear on behalf of respondent no.2 and has file his appearance on behalf of the respondent No.2. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State and learned advocate Mr. Bachani waives service of rule on behalf of respondent no.2. 3. The applicants have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No.11195055260008 of p. 2 2026 registered with Vadgam Police Station, Dist. Banaskantha, for the offence punishable under Sections 78(2), 351(3), 54 and 137(2) of the BNS and Sections 12, 17 of the POCSO Act. 4. Learned advocate for the applicants would submit that considering the role attributed to the applicants, and nature of the allegation levelled, the applicants may be enlarged on regular bail. It is further contended that the applicants are 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 and learned advocate for respondent no.2 have vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicants, this Court may not exercise the discretion in favour of the applicants 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 of the applicants having abducted the victims in Verna Car and having forcibly made them eat chocolates and whereas it would appear that the investigation has revealed that the story of the complainant prima facie may not be true. ii. The fact of CCTV footage revealing that there were three girls, who had alighted from the car in question, which had stopped near the school, where the victims and the third girl were studying and whereas upon taking statement of the third girl, it would appear that the p. 3 applicants were known to her and while they were passing by, the applicants had asked the third girl whether she would want to be dropped near the school and the said girl having accepted, the victims had also followed suit and all three having alighted near the school, where the applicants had stopped the car. iii. It also appears that the CCTV footage, as per the affidavit of the Investigating Officer, does not reveal that the victims were abducted or they were put inside the car, the victims were any manner under any threat or coercion. iv. The fact of there not appearing to be any overt act committed by the applicants. v. The age of the present applicants being 25 and 19 years, being custody since 04.02.2026, without any antecedents. 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 applicants in the First Information Report, 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 applicants on regular bail. 8. Hence, the present application is allowed. The applicants are ordered to be released on bail in connection with F.I.R. registered as C.R. No.11195055260008 of 2026 registered with Vadgam Police Station, Dist. Banaskantha, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial p. 4 Court and subject to the conditions that they 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 Village: Mumanvas till the charge-sheet is filed. [g] mark presence once three months till the charge-sheet is filed and thereafter once a month for a period of six months before the concerned police station. (h) not to attempt and contact the victim in any manner. 9. The Authorities will release the applicants only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, 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 influenced by any observations of this Court which are of preliminary nature made at this p. 5 stage, only for the purpose of considering the application of the applicants 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) Y.N. VYAS