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
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9306 of 2026
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SANI @ SANO @ SANABHAI BACHUBHAI MACHHAR
Versus
STATE OF GUJARAT & ANR.
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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
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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.
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
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NEUTRAL CITATION
R/CR.MA/9306/2026 ORDER DATED: 21/05/2026
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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
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NEUTRAL CITATION
R/CR.MA/9306/2026 ORDER DATED: 21/05/2026
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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
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NEUTRAL CITATION
R/CR.MA/9306/2026 ORDER DATED: 21/05/2026
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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
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