Gujarat High Court
Prafulbhai Samantbhai Ram vs State Of Gujarat on 8 January, 2025
NEUTRAL CITATION
R/CR.A/2651/2024 ORDER DATED: 08/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2651 of 2024
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PRAFULBHAI SAMANTBHAI RAM
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Appellant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/01/2025
ORAL ORDER
1. RULE. Learned APP waives service of rule for the respondent-State.
2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 04.11.2024 passed by the learned 3 rd Additional Sessions Judge, Gir-Somnath, Veraval, in Criminal Misc. Application No.308 of 2024 whereby the learned Special Judge rejected the application filed by the present appellant under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11186004240607 of 2024 registered with Prabhas Patan Police Station, Gir-Somnath for the offences punishable under Sections 109, 115(2), 118, 117(2), 352, 351(2), 189(2) 191(2) 191(3) 190 of BNS and Section 135 of the GP Act and Page 1 of 5 Uploaded by ALI ISTAYAK(HC01093) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:44:25 IST 2025 NEUTRAL CITATION R/CR.A/2651/2024 ORDER DATED: 08/01/2025 undefined Section 3(1)(r), 3(1)(s), 3(2)(v) of the Atrocity Act.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 02.09.2024. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed.
5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
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6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(1) The applicant is in jail since 02.09.2024; (2) Investigation is over and charge-sheet is filed; (3) The applicant has one past antecedent. However, the applicant is presumed to be innocent until proven guilty; (4) Now, nothing is required to be discovered or recovered from the accused and there is no possibility of the trial taking place in the near future;
7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. 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 .
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant/s in the FIR, without discussing the evidence in detail, prima facie, this Page 3 of 5 Uploaded by ALI ISTAYAK(HC01093) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:44:25 IST 2025 NEUTRAL CITATION R/CR.A/2651/2024 ORDER DATED: 08/01/2025 undefined Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant/s on regular bail. Hence, the present application is allowed. The applicants is/are ordered to be released on regular bail in connection with FIR being C.R. No.11186004240607 of 2024 registered with Prabhas Patan Police Station, Gir-Somnath on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) 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.;
(f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;
9. The authorities will release the applicant/s only if he is not Page 4 of 5 Uploaded by ALI ISTAYAK(HC01093) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:44:25 IST 2025 NEUTRAL CITATION R/CR.A/2651/2024 ORDER DATED: 08/01/2025 undefined 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.
10. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
11 At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant/ on bail.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J) ALI Page 5 of 5 Uploaded by ALI ISTAYAK(HC01093) on Thu Jan 09 2025 Downloaded on : Thu Jan 09 21:44:25 IST 2025