R/CR.MA/10989/2026 ORDER DATED: 07/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 10989 of 2026 ========================================================== ROHITBHAI SONABHAI MARVADI @ SHAM SONABHAI MARVADI Versus STATE OF GUJARAT ========================================================== Appearance: MR. AKASH R SALAT(18703) for the Applicant(s) No. 1 MR. RAJESHKUMAR S MISHRA(9946) for the Applicant(s) No. 1 MR TRUPESH KATHIRIYA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 07/05/2026 ORAL ORDER Draft amendment, which is already on record, is granted. To be carried out forthwith. 1. Heard learned advocate Mr.Akash Salat appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Trupesh Kathiriya appearing on behalf of the respondent-State. 1.1. Learned advocate Mr.Turab Govani submits that he has instructions to appear on behalf of respondent no.2 and that he may be permitted to file his Vakalatnama. Affidavit-in-reply filed by learned advocate Mr.Govani on behalf of the complainant is taken on record. Page 1 of 6 R/CR.MA/10989/2026 ORDER DATED: 07/05/2026 2. Rule. Learned APP waives service of rule on behalf of the respondent-State and learned advocate Mr.Govani waives service of rule on behalf of respondent no.2. 3. The applicant has filed 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. 11192061260183/2026 registered with Viramgam Town Police Station, Ahmedabad for the offence punishable under Sections 137(2), 87, 64(2)(i)(m) of the BNS and Sections 4(1), 5(l), 6, 8, 12 of POCSO Act. 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 no useful purpose would be served by keeping the applicant in jail for indefinite 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 R/CR.MA/10989/2026 ORDER DATED: 07/05/2026 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 applicant, 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. While the age of the prosecutrix is stated to be around 17 years 01 months, the age of the present applicant being 20 years could not be ignored. ii. Prima facie, it appears that the applicant and the prosecutrix were having a love relationship. iii. The Hon’ble Supreme Court in case of State of Uttar Pradesh vs. Anurudh & Anr. reported in 2026 INSC 47 having noted the fact of the POCSO Act being misused even when the case is one of a romantic / consensual relationship between adolescents or one where the prosecutrix / victim is adolescent and where the age gap between the parties is not substantial. iv. The fact of the present applicant being in custody since R/CR.MA/10989/2026 ORDER DATED: 07/05/2026 17.03.2026. v. As per the statement made by learned advocates for the complainant and the prosecutrix, parties have settled the issue inter-se and whereas, learned advocate Mr.Govani on behalf of the complainant has tendered affidavit whereby the complainant has stated as much. Considering the same, this Court is inclined to allow this application. 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 fit 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. 11192061260183/2026 registered with Viramgam Town Police Station, Ahmedabad, on executing a R/CR.MA/10989/2026 ORDER DATED: 07/05/2026 bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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; [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] mark presence once a month for a period of three months before the concerned police station. 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 Court concerned will be free to take appropriate R/CR.MA/10989/2026 ORDER DATED: 07/05/2026 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 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 08/05/2026 12:42:45