Sani @ Sano @ Sanabhai Bachubhai Machhar vs State Of Gujarat on 21 May, 2026

    0
    20
    ADVERTISEMENT

    Gujarat High Court

    Sani @ Sano @ Sanabhai Bachubhai Machhar vs State Of Gujarat on 21 May, 2026

    Author: Nirzar S. Desai

    Bench: Nirzar S. Desai

                                                                                                                NEUTRAL CITATION
    
    
    
    
                               R/CR.MA/9306/2026                                   ORDER DATED: 21/05/2026
    
                                                                                                                 undefined
    
    
    
    
                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
    
                                R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                            CHARGESHEET) NO. 9306 of 2026
                          ==============================================================
                                       SANI @ SANO @ SANABHAI BACHUBHAI MACHHAR
                                                          Versus
                                                 STATE OF GUJARAT & ANR.
                          ===============================================================
                          Appearance:
                          MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
                          HCLS COMMITTEE(4998) for the Respondent(s) No. 2
                          MR YOGIN A BHAMBHANI(6444) for the Respondent(s) No. 2
                          MR UTKARSH SHARMA, APP or the Respondent(s) No. 1
                          ===============================================================
    
                            CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
    
    
                                                               Date : 21/05/2026
    
                                                                ORAL ORDER

    1. Learned advocate Mr.Yogin A. Bhambhani has instructions to
    appear for the original complainant, who appears through legal aid
    and tendered an affidavit. The same is ordered to be taken on record.
    Registry to accept the Vakalatnama of learned advocate Mr.Yogin
    A. Bhambhani.

    2. Heard learned advocate for the applicant and learned APP for
    the respondent – State.

    SPONSORED

    3. Rule, returnable forthwith. Learned APP waives service of
    notice of rule for and on behalf of the respondent-State.

    4. By this application filed under Section 483 of the Bharatiya
    Nagarik Suraksha Sanhita, 2023, the applicant is seeking
    release on regular bail in connection with the FIR being
    C.R.No.11193004250416 of 2025 registered with Amreli

    Page 1 of 4

    Uploaded by PALAK BRAHMBHATT(HC01391) on Thu May 21 2026 Downloaded on : Thu May 21 21:17:29 IST 2026
    NEUTRAL CITATION

    R/CR.MA/9306/2026 ORDER DATED: 21/05/2026

    undefined

    Rural Police Station, District:Amreli for the offences
    punishable under Sections 137(2), 87, 64(2)(i) and 64(2)(m)
    etc. of the Bharatiya Nyay Sanhita, 2023 and under Sections
    4
    , 6, 8 and 18 of the POCSO Act.

    5. Learned advocate for the applicant submitted that, the
    applicant is not involved in commission of offence as alleged
    in the FIR and therefore, looking to the role of the applicant
    and nature of the allegations, the applicant is required to be
    enlarged on regular bail by imposing suitable terms and
    conditions.

    6. On the other hand, learned APP appearing for the respondent

    – State vehemently submits that, the offences, which have
    been charged, are serious in nature affecting the society at
    large and looking to the facts as well as the allegations made
    against the applicant, no discretion would be required to be
    exercised.

    7. In the facts and circumstances of the case and considering
    the nature of allegations, this Court is of the opinion that,
    discretion is required to be exercised to enlarge the applicant
    on regular bail. This Court has considered the following facts
    while exercising discretion in favour of the applicant :-

    (i) the applicant is in jail since 19.11.2025;

    (ii) the investigation is over and charge-sheet is filed;

    (iii) no past antecedent;

    (iv) prima-facie, it seems that this is a case of relationship
    and blossom doubt of love ;

    8. In view of the aforesaid facts, without discussing the

    Page 2 of 4

    Uploaded by PALAK BRAHMBHATT(HC01391) on Thu May 21 2026 Downloaded on : Thu May 21 21:17:29 IST 2026
    NEUTRAL CITATION

    R/CR.MA/9306/2026 ORDER DATED: 21/05/2026

    undefined

    evidence in detail, this Court, prima facie, is of the opinion
    that, this is a fit case to exercise the discretion and enlarge
    the applicant on regular bail. Hence, present application is
    allowed and the applicant is ordered to be released on
    regular bail in connection with the FIR being
    C.R.No.11193004250416 of 2025 registered with Amreli
    Rural Police Station, District:Amreli on executing
    personal bond of Rs.10,000/- (Rupees Ten thousand only)
    with one surety of the like amount to the satisfaction of the
    learned 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 injuries to the interest of the
    prosecution;

    [c] surrender passport, if any, to the lower court within a
    week;

    [d] not leave India without prior permission of the Sessions
    Judge concerned;

    [e] furnish latest address of 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 the trial Court;

    [f] mark his presence before the concerned police station
    in the first week of every month till the trial is over;

    9. The Authorities will release the applicant only if the applicant
    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. Bail bond to
    be executed before the learned Lower Court having
    jurisdiction to try the case. It will be open for the concerned

    Page 3 of 4

    Uploaded by PALAK BRAHMBHATT(HC01391) on Thu May 21 2026 Downloaded on : Thu May 21 21:17:29 IST 2026
    NEUTRAL CITATION

    R/CR.MA/9306/2026 ORDER DATED: 21/05/2026

    undefined

    Court to delete, modify and/or relax any of the above
    conditions, in accordance with law. At the trial, learned 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.

    10. Rule is made absolute to the aforesaid extent. Direct service
    is permitted.

    (NIRZAR S. DESAI,J)

    PALAK

    Page 4 of 4

    Uploaded by PALAK BRAHMBHATT(HC01391) on Thu May 21 2026 Downloaded on : Thu May 21 21:17:29 IST 2026



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here