IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 17126 of 2025 ==========================================================

MEHULBHAI @ KANO TULSIBHAI MAKWANA Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MR. KULDEEP D VAIDYA(7045) for the Applicant(s) No. 1 PARAS K SUKHWANI(8284) for the Respondent(s) No. 2 MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 24/09/2025

ORAL ORDER

1. 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 CR. No.11198006250793 of 2025 registered with Ghogha Road Police Station, Bhavnagar.

2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent – State, learned Advocate appearing for the respondent-

complainant waives service of notice.

3. Learned Advocate appearing for the applicant has submitted that the applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in Jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

4. Per contra, learned APP has opposed the present application contending that the prosecutrix in her statement recorded under Section 183 of BNSS, 2023 has categorically stated that the applicant had established physical relations with her without her consent. The age of the prosecutrix was 15 years at the relevant time. Learned APP has, therefore, submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

5. Learned Advocate Mr. Paras K Sukhwani appearing for the original complainant has also opposed the application citing the age of the prosecutrix. He also seeks permission to rely upon the following judgments in support of his submission :-

i) In case of Satish Kumar Jayanti Lal Dagbar vs State of Gujarat reported in (2015) 7 SCC 359 ii) In case of Anversinh @ Kiransinh Fateshsinh Vaghlea vs State of Gujarat reported in (2021) 3 SCC 12 iii) In case of Nihar Ranjitbhai Barad vs State of Gujarat reported passed in R/Cr.MA No.18985 of 2022 iv) In case of Jagbir vs State (N C. T. Delhi) passed in Bail Application No.111/2022;

v) In case of Sonu Gupta @ Sonu Kumar Gupta vs State of U.P.

And Another passed in Criminal Misc. Application No.10027 of

2023;

vi) In case of Moti Lal Songara vs Prem Prakash @ Pappu &

Anr. reported in (2013) 9 SCC 199 and vii) In case of Bhasker Laxman Jadhav & Ors. Vs. Karamveer Kakasahed Wagh Education Society & Ors. reported in (2013)

11 SCC 531.

6. Heard learned Advocates for the parties and perused the record. In the present offence, the investigation is over and charge-sheet has been filed. Though the prosecutrix in her statement recorded under Section 183 of BNSS, 2023 has stated that the applicant had physical relations with her without her consent, in the history given by her before the doctor, she has categorically stated that the physical relations were established between herself and the present applicant with her consent on several occasions. Having regard to these aspects, the present application deserves consideration, hence the present application is hereby allowed. This Court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly

3 factors which are required to be considered by this court i.e. prima- facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant