Gujarat High Court
Ahesan Arifbhai Luhar vs State Of Gujarat on 25 May, 2026
NEUTRAL CITATION
R/CR.MA/8708/2026 ORDER DATED: 25/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 8708 of 2026
==========================================================
AHESAN ARIFBHAI LUHAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. SAMEER M. MANSURI(17762) for the Applicant(s) No. 1
MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
MR FAIZAN SHAIKH for the Respondent No.(2)
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 25/05/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for
respondent – State of Gujarat.
2. Though the matter was kept on 18.06.2026, learned
advocate Mr. Mansuri for the applicant requested for
early hearing of the matter on the ground that a
settlement has been arrived at between the parties. In
that background, the matter is taken up today before this
Court pursuant to the order passed by the Coordinate
Bench.
3. By way of the present application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
“BNSS”), the applicant has prayed for successive regular
bail in the event of arrest in connection with the FIR being
C.R. No. 11206020260034 of 2026 registered with Kadi
Police Station, District: Mahesana for the alleged offences
as mentioned in the FIR.
4. Learned advocate Mr. Mansuri submits that the FIR came
to be lodged after a delay of 20 days and, even if the
Page 1 of 4
Uploaded by M.M.MIRZA(HC01407) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:53 IST 2026
NEUTRAL CITATION
R/CR.MA/8708/2026 ORDER DATED: 25/05/2026
undefined
allegations made therein are considered, it appears that
there existed a consensual relationship between the
applicant and the victim. It is further submitted that the
victim has now amicably settled the dispute with the
present applicant and an affidavit to that effect has also
been tendered in the presence of the applicant.
5. Learned advocate Mr. Faizan Shaikh appearing for the
victim has supported the aforesaid submissions and
submitted that he has no objection if the present
successive regular bail application is considered and the
applicant is ordered to be released on bail.
6. Having heard the learned advocates appearing for the
parties and perusing the investigation papers, it is
equally incumbent upon the Court to exercise its
discretion judiciously, cautiously and strictly in
compliance with the basic principles laid down in a
plethora of decisions of the Hon’ble Apex Court on the
point. It is well settled that, among other circumstances,
the factors to be borne in mind while considering an
application for bail are (i) the nature and gravity of the
accusation; (ii) the antecedents of the applicant including
the fact as to whether he has previously undergone
imprisonment on conviction by a Court in respect of any
cognizable offence; (iii) the possibility of the applicant to
flee from justice; and (iv) where the accusation has been
made with the object of injuring or humiliating the
applicant by having him so arrested. Though at the stage
of granting bail an elaborate examination of evidence
and detailed reasons touching the merit of the case,
Page 2 of 4
Uploaded by M.M.MIRZA(HC01407) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:53 IST 2026
NEUTRAL CITATION
R/CR.MA/8708/2026 ORDER DATED: 25/05/2026
undefined
which may prejudice the accused, should be avoided.
7. This Court has considered the following aspects.
(A) That the FIR came to be lodged after a delay of
around 20 days;
(B) That the victim is aged about 25 years and is a
married lady having children;
(C) That the applicant is a neighbour of the victim
and, prima facie, it appears that there existed
consensual relations between the parties;
(D) That it is reported that the chargesheet has
been filed and the victim has also filed an affidavit
stating that she has no objection if the applicant is
enlarged on bail.
8. Considering the aforesaid aspects and the law laid down
by the Hon’ble Apex Court in the case of Siddharam
Satlingappa Mhetre vs. State of Maharashtra and
Ors. reported in (2011) 1 SCC 6941, wherein the
Hon’ble Apex Court reiterated the law laid down by the
Constitution Bench in the case of Shri Gurubaksh
Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and
also the decision in the case of Sushila Aggarwal v.
State (NCT of Delhi) reported in (2020) 5 SCC 1, I am
inclined to allow the present application.
9. In the result, the present application is allowed by
directing that in the event of arrest / appearance of the
applicant in connection with FIR being C.R. No.
11206020260034 of 2026 registered with Kadi Police
Station, District: Mahesana, the applicant shall be
Page 3 of 4
Uploaded by M.M.MIRZA(HC01407) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:53 IST 2026
NEUTRAL CITATION
R/CR.MA/8708/2026 ORDER DATED: 25/05/2026
undefined
released on bail on furnishing a personal bond of
Rs.10,000/- (Rupees Ten Thousand Only) with one surety
of like amount on the following conditions that applicant:
(a) shall cooperate with the investigation and make
himself available for interrogation whenever required;
(b) shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the fact of the case so as to dissuade him from
disclosing such facts to the court or to any police officer;
(c) shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or
yet to be collected by the police;
(d) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change her/his residence till the
final disposal of the case till further orders;
(e) shall not leave India without the permission of the
Court and if having passport shall deposit the same
before the Trial Court within a week;
10. At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while
enlarging the applicant on bail.
11. Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J)
M.M.MIRZA
Page 4 of 4
Uploaded by M.M.MIRZA(HC01407) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:53 IST 2026
[ad_1]
Source link
