Bail Allowed Considering Victim's Statement, Completion of Investigation, No Criminal Antecedents, and Likely Delay in Trial; Bail Conditions Imposed to Safeguard Prosecution
In a significant order dated September 22, 2026, the Gujarat High Court, presided over by Justice Hasmukh D. Suthar, granted regular bail to Ajaybhai Boghabhai Gohil, the accused in a case registered under Sections 137(2), 87, and 64(2)(I)(M) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 4, 6, 10, and 18 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The case originated from an FIR registered with Palitana Police Station, District Bhavnagar. The accused had been in custody since March 10, 2026, and had no prior criminal record. The bail petition was filed after the completion of investigation and filing of the charge-sheet.
The Court took note of the victim's statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which revealed that the victim had eloped with the applicant to avoid a proposed marriage arranged by her parents with a 34-year-old man, while she was only 21 years old and in a relationship with the applicant. The victim's voluntary elopement and relationship with the accused was a crucial factor influencing the Court's decision.
In the bail order, the Court emphasized the well-established principles governing bail, including the nature and gravity of the offence, possibility of witness tampering, likelihood of the accused absconding, and the accused's character and antecedents. It also reiterated the celebrated principle from Supreme Court jurisprudence that "bail is the rule and jail is the exception," highlighting the right to personal liberty under Article 21 of the Constitution of India. The Court noted that prolonged pre-trial incarceration would amount to a pre-trial conviction, which is undesirable.
In light of these considerations, the Court held that the accused was entitled to regular bail, subject to stringent conditions to ensure he does not misuse his liberty or obstruct the trial process. The conditions imposed include:
- Execution of a personal bond of Rs. 25,000 with one surety of the like amount;
- No misuse of liberty or obstruction of prosecution;
- Surrender of passport within one week;
- No leaving Gujarat State without prior court permission;
- Monthly presence at the local police station for six months;
- Submission of Aadhaar card, email ID, contact number, and address, with no changes without permission;
- No involvement in any illegal activity;
- No direct or indirect contact with the victim or witnesses until the trial concludes.
The Court clarified that the bail decision was prima facie and that the trial court must independently evaluate the evidence during the trial without being influenced by the observations made while granting bail.
This judgment reinforces the judiciary's balanced approach in safeguarding the rights of the accused while ensuring that justice is not compromised. It also underscores the importance of considering the victim's statements and facts on record before denying bail, especially when prolonged detention may amount to injustice.
Bottom Line:
Regular bail - Offences under Sections 137(2), 87 and 64(2)(I)(M) of Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 10 and 18 of POCSO Act - Bail granted considering victim's statement showing she had eloped due to proposed marriage arranged by parents, completion of investigation and filing of charge-sheet, no requirement of recovery or discovery, absence of criminal antecedents, and likely delay in conclusion of trial - Reiterated that bail is rule and jail is exception and prolonged incarceration amounts to pre-trial conviction.
Statutory provision(s):
Sections 137(2), 87, 64(2)(I)(M) of Bharatiya Nyaya Sanhita, 2023; Sections 4, 6, 10, 18 of Protection of Children from Sexual Offences Act, 2012; Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
Ajaybhai Boghabhai Gohil v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2989297
