Gujarat High Court
Mihir Bhanubhai Kugasiya vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
R/CR.RA/1037/2025 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1037 of 2025
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MIHIR BHANUBHAI KUGASIYA
Versus
STATE OF GUJARAT
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Appearance:
MR YASH K DAVE(10269) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 07/08/2025
ORAL ORDER
1) Rule. Learned APP waives service of Rule on behalf of State.
2) The present revision application has been preferred by the present applicant - original accused under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short "BNSS Act") directed against the order passed by the learned 4 th Additional Sessions Judge, Rajkot and Special Judge (POCSO) in Criminal Misc. Application No.62 of 2025 by exercising the power under Section 483(3) of the BNSS allowing the application moved by Page 1 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025 NEUTRAL CITATION R/CR.RA/1037/2025 ORDER DATED: 07/08/2025 undefined the State to cancel the bail granted to the present applicant pursuant to the order passed in Criminal Misc. Application No.1828 of 2024.
3) The factual matrix of the present revision application is that the present applicant has been initially arrested for the offence punishable under Sections 326, 324, 323 and 504 of the IPC and Section 135 of the GP Act pursuant to the offence registered before the Rajkot B-Division Police Station vide C.R. No.11208051240400 of 2024, the present applicant has moved an application before the Sessions Court, Rajkot for regular bail under Section 439 of the Cr.P.C vide Criminal Misc. Application No.1828 of 2024 and the same came to be allowed by the concerned Additional Sessions Judge on 19.06.2024 on certain conditions and as per the condition no. (2), accused has not to enter into the limits of the Rajkot city except marking his presence before the police station and appear before the Court where the trial is going on and Condition no.(3), the applicant has to mark his presence before the concerned police station between first and fifth of every english calendar month once between 08:00 A.M. to 02:00 P.M. till the filing of the chargesheet. Page 2 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025
NEUTRAL CITATION R/CR.RA/1037/2025 ORDER DATED: 07/08/2025 undefined
4) Thereafter, the application has been preferred by the State vide Criminal Misc. Application No.1828 of 2024 for cancellation of bail for violating the condition no.(2) as he entered into the Rajkot city on 30.12.2024 and posing him as police officer and extorted Rs.31,000/- from the complainant in the Moon Hotel at Sahyog Complex in the Rajkot and for that, an offence has been registered before this A-division police station, Rajkot for the offence punishable under Sections 308(2) and 204 of the BNSS and on that day, the present applicant has not to mark his presence before the police station or he had no date in the Court and further, as he has violated the condition no.(2), the application has been preferred by the I.O. and the same was allowed by the learned Sessions Court and bail granted to the present applicant has been cancelled. Hence, the present revision application has been filed.
5) Heard the learned advocate Mr.Vishal K. Anandjiwala and it is submitted by him that the order passed by the learned Sessions Court is ex-facie, illegal and against the settled principal of law and is required to be set aside. He Page 3 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025 NEUTRAL CITATION R/CR.RA/1037/2025 ORDER DATED: 07/08/2025 undefined further submitted that it is alleged that on 30.12.2024, the present applicant has stopped one Mr. Murari Mohan Shatrughn Das while leaving the hotel Moon and threatened him and for that, Mr. Murari Mohan Shatrughn Das has lodged the FIR against the present applicant for demanding Rs.31,000/- from the first informant and for that, an offence has been registered before the A-division police station, Rajkot for the offence punishable under Sections 308(2) and 204 of the BNSS and the offence has been registered on 02.01.2025 vide C.R. No.11208050250007 of 2025 and further, submitted that as per the condition no.(3), he has to mark his presence between first and fifth of every english calendar month and the said offence came to be registered on 02.01.2025, so, the present applicant entered into the Rajkot city to mark his presence as per the order and as per the condition no.(3), on which the bail has been granted. Further, it is submitted that so far as the offence has been registered before the city A-division police station, Rajkot is concerned, quashing petition has already been pending. Hence, considering this, he submitted that the order passed by the learned Sessions Court canceling the bail is required to be set aside. Further, Mr. Aanandjiwala in support of his argument Page 4 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025 NEUTRAL CITATION R/CR.RA/1037/2025 ORDER DATED: 07/08/2025 undefined has relied upon the judgment of Hon'ble Apex Court in the case of Sanjay Kumar Jangid & Anr. Vs. Mukesh Kumar Agarwal & Anr reported in 2025 Supreme (Online) (SC) 4241 and the decision by this Court in Special Criminal Misc. Application No.2972 of 2025 in the case of Mihirbhai Bhanubhai Kugasiya (Ahir) through Sanjaybhau Bhanubhai Kugasiya (Ahir) Vs. State of Gujarat & Ors. and the judgment of the Hon'ble this Court in Merubhai Ramabhai Kodiyatar (Hun)... Vs. State of Gujarat in Special Criminal Application No.4052 of 2020. It is submitted that the present revision application is required to be allowed and the order passed by the learned Sessions Court canceling the bail of the present applicant is required to be set aside.
6) On the other hand, learned APP Mr. Niraj Sharma vehemently opposed the said averment and submitted that the order passed by the learned Court is just and proper and does not require any interference as the present applicant has clearly violated the condition on which he was granted bail and he has misused his opportunity in posing him as police official and extorted money and so, the offence recorded by Page 5 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025 NEUTRAL CITATION R/CR.RA/1037/2025 ORDER DATED: 07/08/2025 undefined the concerned Court while canceling the bail is concerned, is just and proper and the learned Additional Sessions Judge has rightly come to the conclusion that the subsequently, an offence has been registered against the present applicant while he was on bail and so, he has misused the opportunity granted by this Court. The offence of the learned Additional Sessions Judge is just and correct and the order canceling the bail does not require any interference.
7) After hearing the rival submissions of the learned advocates for respective parties and perusing the impugned order, this is the case where earlier regular bail has been granted by the learned Sessions Court and the bail was cancelled on the application moved by the State on the ground that as there was a condition that the present applicant has not entered into the Rajkot City for one year except to mark his presence before the police station and either to appear before the Court on the date of case and on 02.01.2025, one offence was registered before Rajkot "A" Division Police Station.
8) It is settled principal of law that granting of bail and Page 6 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025 NEUTRAL CITATION R/CR.RA/1037/2025 ORDER DATED: 07/08/2025 undefined canceling the bail has a different yardstick and merely on the technical ground, bail cannot be cancelled. In this regard, as per the judgment of the Hon'ble Apex Court in the case of Sanjaybhai (Supra) at para 16 and 17. Further, the decision of this Court in the case of Merubhai (Supra) at para nos.8, 9 and 11, 15 and 16 and considering the dictum of this Hon'ble Apex Court and the decision of this Court, nothing has been coming where the present applicant has misused his opportunity and no any supervening circumstance has been demonstrated by the prosecution to cancel the bail. So, merely an subsequent offence has been registered is concerned, it cannot be termed as super-willing circumstance, which can be resulted into cancellation of the bail, already been granted.
9) Considering the dictum of the Hon'ble Apex Court and the decision of this Court, the ground on which the bail has been cancelled by the learned Additional Sessions Judge cannot be found valid reason to cancel the bail as the personal opportunity is a valuable right guaranteed by the Constitution and merely on this ground, bail already been granted cannot be cancelled as well as considering this, the offence recorded Page 7 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025 NEUTRAL CITATION R/CR.RA/1037/2025 ORDER DATED: 07/08/2025 undefined by the learned Court below is perverse, required to be set aside.
10) The present revision application is hereby allowed and the order passed by the learned Special Judge (POCSO) Court and learned 4th Additional Sessions Judge, Rajkot in Criminal Misc. Application No.62 of 2025 dated 03.05.2005 allowed the application of the State and cancelled the bail granted to the present applicant in offence registered before the Rajkot B- Division police station for the offences punishable under Sections 326, 324 and 504 of the IPC and Section 135 of the GP Act vide C.R. No.11208051240400 of 2024 is hereby quashed and set aside.
11) Rule is made absolute to the aforesaid extent. The present revision application is disposed of accordingly.
(L. S. PIRZADA, J) JCP Page 8 of 8 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Aug 11 2025 Downloaded on : Mon Aug 11 22:11:06 IST 2025