Javedbhai Kasambhai Sanghar vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned advocate Mr. Kunal S. Shah appearing on behalf of the applicant, learned Additional Public Prosecutor Mr. L.B. Dhabi appearing on behalf of the respondent-State and learned advocate Mr. Harshil Dattani on behalf of the original complainant.

Rule. Learned APP waives service of rule on behalf of the respondent-State.

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. 1185007250189/2025 registered with Salaya Marine Police Station, Devbhumi - Dwarka for the offence punishable under Sections 64(2) (m), 78, 351(3) of the B.N.S. and Section 67 of the I.T. Act.

Learned advocate Mr. Shah for the applicant would submit that while the allegations are serious yet, the way the incident is described, it would appear that the parties i.e. the applicant and the victim were having a consensual relationship. Learned advocate would submit that there was no forcible physical relationship between the present applicant and the complainant and whereas, learned advocate would further submit that as such, the applicant is in custody since June, 2025 and since charge-sheet has already been filed, this Court may consider releasing the present applicant on regular bail.

As against the same, learned Additional Public Prosecutor Mr. Dhabi appearing for the respondent – State has vehemently opposed this application. Learned APP would submit that very serious offences have been alleged against the present applicant, the same is reiterated by learned advocate Mr. Dattani.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. prima facie it would appear that the parties were having a consensual relationship more particularly, the FIR as well as the charge-sheet papers not revealing that any force had been involved for establishing the relationship;

ii. the fact that the charge-sheet is filed and whereas, now there exist no apprehension that the applicant would abscond or would tamper with the investigation;

iii. the fact that the applicant does not have any antecedents; 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.

In the facts and circumstances of the case and considering the nature of the allegations made against 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.

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. 1185007250189 of 2025 registered with Salaya Marine Police Station, District:- Devbhumi - Dwarka, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands 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.;

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 action in the matter.

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.

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.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.