Gujarat High Court
Priyanshu S/O Jagdishsinh Basithsinh ... vs State Of Gujarat on 10 February, 2025
NEUTRAL CITATION
R/CR.MA/326/2025 ORDER DATED: 10/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 326 of 2025
==========================================================
PRIYANSHU S/O JAGDISHSINH BASITHSINH RAJPUT
Versus
STATE OF GUJARAT
==========================================================
Appearance:
KRUNAL V NAYAK(8675) for the Applicant(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1
MR ABID R PATHAN(11217) for the Respondent(s) No. 1
MS. JIRGA D. JHAVERI, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 10/02/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 439 of the Criminal Procedure Code, 1973 for regular bail in connection with F.I.R. No.11191065240015 of 2024 registered with Narole Police Station, District Ahmedabad.
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 Page 1 of 7 Uploaded by NABILA A. VHORA(HC00630) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:46:11 IST 2025 NEUTRAL CITATION R/CR.MA/326/2025 ORDER DATED: 10/02/2025 undefined regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the applicant herein had actively participated in commission of offence as he was present at the scene of offence armed with a weapon like a wooden stick. Learned APP has, therefore, submitted that the offences which have been charged, are 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 appearing for the original complainant has opposed the grant of present application inter-alia contending that the applicant had actively participated in commission of offence. The statement of eye- witness recorded during the course of investigation clearly indicate the role played by the present applicant in commission of offence. Moreover, the applicant had absconded for almost 9 months after registration of the present F.I.R. and Page 2 of 7 Uploaded by NABILA A. VHORA(HC00630) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:46:11 IST 2025 NEUTRAL CITATION R/CR.MA/326/2025 ORDER DATED: 10/02/2025 undefined if the applicant is enlarged on bail, in all likelihood he may not be available for the purpose of trial. He has therefore, submitted to dismiss the present application.
5.1 In support of his submissions, learned advocate for the original complainant has sought to rely upon the judgments pronounced by the Hon'ble Apex Court in the cases of Deepak Yadav vs. State of U.P. and Anr. and Brijmani Devi vs. Pappu Kumar & Anr.
6. Heard learned advocates appearing for the parties and perused the material available on record. From the record it appears that the investigation is over and Charge-sheet has already been filed. As per the case of prosecution, the applicant was present at the scene of offence at the time of incident armed with wooden stick. However, there is nothing on record to indicate that the applicant had assaulted the deceased or caused any injuries. Having regard to these facts, the present application deserves to be allowed.
Page 3 of 7 Uploaded by NABILA A. VHORA(HC00630) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:46:11 IST 2025NEUTRAL CITATION R/CR.MA/326/2025 ORDER DATED: 10/02/2025 undefined
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 since 06.08.2024.
(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 Page 4 of 7 Uploaded by NABILA A. VHORA(HC00630) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:46:11 IST 2025 NEUTRAL CITATION R/CR.MA/326/2025 ORDER DATED: 10/02/2025 undefined released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;
(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) shall maintain law and order and not to indulge in any criminal activities.
(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court.
(d) shall provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) shall file an affidavit stating Page 5 of 7 Uploaded by NABILA A. VHORA(HC00630) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:46:11 IST 2025 NEUTRAL CITATION R/CR.MA/326/2025 ORDER DATED: 10/02/2025 undefined immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) shall not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect.
(h) shall mark presence before the concerned police station once in a month for a period of six months between 11:00 a.m. and 2:00 p.m.
(i) shall not enter into areas of Narole Police Station till conclusion of trial except to attend the trial proceedings.
9. The authorities concerned shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will Page 6 of 7 Uploaded by NABILA A. VHORA(HC00630) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:46:11 IST 2025 NEUTRAL CITATION R/CR.MA/326/2025 ORDER DATED: 10/02/2025 undefined be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.
10. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
11. Rule made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J) NABILA Page 7 of 7 Uploaded by NABILA A. VHORA(HC00630) on Tue Feb 11 2025 Downloaded on : Tue Feb 11 22:46:11 IST 2025