IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 19633 of 2025 ==========================================================

THAKORE VIRAJ DASARATHJI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR ANVESH V VYAS(5654) for the Applicant(s) No. 1 MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1 ==========================================================

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

ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11216009240352 of 2024 registered with Mansa Police Station, District Gandhinagar

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned APP appearing for the respondent State has vehemently submitted that the age of the prosecutrix was below 18 years at the relevant time. Therefore, her consent would be immaterial. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Learned advocate Mr. Sanju J. Nathva has submitted that he has received instructions to appear on behalf of the original complainant and he may be permitted to file his Vakalatnama before the Registry. He has further submitted that the matter has been amicably settled between the parties and the complainant has no objection, if the applicant is ordered to be enlarged on bail by this Court, for which he has produced an affidavit before the Court, which is ordered to be taken on record. He has, therefore, submitted that an appropriate order may be pass in the present application.

6. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. Upon perusal of the statement of the prosecutrix, it appears that there was love-affair between herself and the present applicant and since parents of the prosecutrix wanted her to get married for which she was not agreeable and therefore, the prosecutrix on her own volition had gone to the house of the present applicant and asked him to elope. Thereafter, the present applicant and prosecutrix had stayed together for several days and during the stay, physical relations were established between the two with consent of prosecutrix who was aged 17 years and 6 months at the relevant time. Having regard to these facts, the present application deserves to be allowed.

7. 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 is in custody.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

8. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the s