The Gujarat High Court granted regular bail to a 21-year-old man booked for kindnapping and offences under POCSO Act, wherein he was accused of eloping with a minor girl after her parents had allegedly sought to get her married to a 34-year-old man. 

Perusing the case record and the girl's statement, Justice Hasmukh D Suthar in his order said:

"Perusing the statement of victim recorded under Section 183 of the BNSS, it appears that the parents of the victim want to marry the victim girl with a person aged 34 years and due to this reason, the victim eloped with the applicant, who is aged 21 years and stayed at different places with the applicant and even otherwise, now the investigation is over and charge-sheet is filed".

The court noted that the applicant was behind bars since March, there was nothing to be recovered or discovered from him and he had no past antecedents. 

"Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.  In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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," the court said. 

The court granted regular bail to the applicant subject to certain conditions. 

Case title: AJAYBHAI BOGHABHAI GOHIL v/s  STATE OF GUJARAT & ANR.

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 19153 of 2026

Click Here To Read/Download Order