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NEUTRAL CITATION

R/CR.A/2620/2025 ORDER DATED: 06/04/2026

0.5332138607105298

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.

2620 of 2025 ========================================================

NIRAJKUMAR @ PINTU @ VIRAT KACHRABHAI NANJIBHAI PATEL(CHAUDHARY)

Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 2 MALAY S PATEL(8901) for the Opponent(s)/Respondent(s) No. 2

MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 06/04/2026

ORAL ORDER

1. Heard learned Advocate Mr. Ashish Dagli on behalf of the appellant, learned Additional Public Prosecutor Mr. J.K. Shah on behalf of the respondent no.1-State and learned Advocate Mr. Malay Patel on

behalf of respondent no.2.

2. Rule. Learned APP for the respondent no.1 – State and learned Advocate for respondent no. 2 waive service of rule on behalf of the

respondent- State.

3. The present appeal is filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for regular bail in connection with F.I.R. bearing C.R. No.

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NEUTRAL CITATION

R/CR.A/2620/2025 ORDER DATED: 06/04/2026

0.5332138607105298

11188009250396 of 2025 registered with Modasa Town Police Station, Aravalli for offences punishable under Sections 64, 354, 308(2), 54 and 351(2)(3) of the Bhartiya Nyay Sanhita 2023, Sections 66(e) and 67(a) of Information Technologies Act and Sections 3(1) (w)(i) and 3(2)(V) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

4. Learned Advocate for the appellant would submit that considering the role attributed to the appellant, and nature of the allegation levelled, the appellant may be enlarged on regular bail. It is further submitted that since the charge-sheet is filed no useful purpose would be served by keeping the appellant in jail for indefinite period. It is further contended that the appellant is ready and willing to abide by all the conditions that may be imposed by this Court if released on

bail.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State and learned Advocate for respondent no. 2 have vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present appellant , this Court may not exercise the discretion in favour of the appellant and the appeal may be dismissed.

6. This Court has heard learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are

considered:-

(i) The allegation against the present appellant being that he had committed offence punishable under Sections 64, 354, 308(2), 54 and

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NEUTRAL CITATION

R/CR.A/2620/2025 ORDER DATED: 06/04/2026

0.5332138607105298

351(2)(3) of the Bhartiya Nyay Sanhita 2023, under the provisos of Information Technologies Act and under the provisions of

Prevention of Atrocities Act, 1989.

(ii) It would appear that the complainant had deposed before the learned Trial Court and whereas deposition of the complainant, prima facie revealed that the complainant may not have supported

her version before the Investigating Officer.

(iii) This Court has also considered the fact that co-accused i.e accused no. 1 has been considered vide an order dated 23.06.2025 by

the learned Sessions Court.

(iv) Learned Advocate Mr. Malay Patel for the complainant supports, such an observation.

7.