Gujarat High Court
Ajaybhai Hamirbhai Chauhan vs State Of Gujarat on 26 May, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/11285/2026 ORDER DATED: 26/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11285 of 2026
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AJAYBHAI HAMIRBHAI CHAUHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. RAJKUMAR N DAVE(14054) for the Applicant(s) No. 1
MS UNNATI V PAREKH(12781) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
MS MAITHILI MEHTA, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 26/05/2026
ORAL ORDER
1. At the outset, learned APP, pursuant to the request
received from the complainant-victim, requested this
Court to suspend the live streaming of the proceedings
of this case, which is under the POCSO Act, and
therefore, the live streaming was suspended during the
hearing of this application.
1.1 Heard learned advocate for the applicant and learned
APP for the respondent – State.
2. By this application filed under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023, the
applicant is seeking release on regular bail in
connection with the FIR bearing No. 11186002260202
of 2026, registered with Kodinar Police Station for the
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NEUTRAL CITATION
R/CR.MA/11285/2026 ORDER DATED: 26/05/2026
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offences punishable under Sections 64(2)(m), 87 and
137(2) of the Bhartiya Nyay Sanhita, 2023 and
Sections 4, 6, 10 and 12 of the Protection of Children
from Sexual Offences Act, 2012.
3. 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.
4. 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.
5. 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 :-
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NEUTRAL CITATION
R/CR.MA/11285/2026 ORDER DATED: 26/05/2026
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(i) the applicant is in jail since 15.02.2026;
(ii) the investigation is over and the charge-sheet is
filed;
(iii) no past antecedent;
(iv) prima-facie, it seems that this is a case of love
affair, as in the FIR, itself, the complainant –
victim has stated that she came into contact with
the present applicant through a social media
application and they used to meet each other,
however, the same is subject to evidence;
6. In view of the aforesaid facts, without discussing the
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, bearing No. 11186002260202 of 2026,
registered with Kodinar Police Station, 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;
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NEUTRAL CITATION
R/CR.MA/11285/2026 ORDER DATED: 26/05/2026
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[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;
[g] shall not enter Kodinar Taluka for the period of
six months from the date of this order;
7. The Authorities will release the applicant only if the
applicant is not required in connection with any other
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NEUTRAL CITATION
R/CR.MA/11285/2026 ORDER DATED: 26/05/2026
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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 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.
8. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(NIRZAR S. DESAI,J)
UMESH/-
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