Gujarat High Court
Maheshbhai Viraji Mali (Gehlot) vs State Of Gujarat on 20 January, 2025
NEUTRAL CITATION
R/CR.MA/21458/2024 ORDER DATED: 20/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 21458 of 2024
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MAHESHBHAI VIRAJI MALI (GEHLOT)
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR HRIDAY BUCH(2372) for the Respondent(s) No. 2
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 20/01/2025
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 Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11195008201056 of 2020 registered with Bhildi Police Station, District Banaskantha.
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 regular bail by imposing suitable Page 1 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 22 2025 Downloaded on : Wed Jan 22 22:39:00 IST 2025 NEUTRAL CITATION R/CR.MA/21458/2024 ORDER DATED: 20/01/2025 undefined conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the car which was used for commission of offence belonging to the present applicant and it was the present applicant who himself was driving the car at that relevant time. 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 respondent original complainant has opposed the grant of bail inter-alia contending that the trial of the offence is commenced and several witnesses have been examined. He has further submitted that recently, the Hon'ble Supreme Court in its judgment in the case of X vs. State of Rajasthan & Anr in Special Leave Petition (Criminal) No.13378 of 2024 has directed that in serious offences i.e. rape, murder and dacoity etc. once the trial commences and the prosecution starts Page 2 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 22 2025 Downloaded on : Wed Jan 22 22:39:00 IST 2025 NEUTRAL CITATION R/CR.MA/21458/2024 ORDER DATED: 20/01/2025 undefined examining witnesses, the Court be it the trial Court or the High Court should be loath in entertaining the bail application of the accused.
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. The applicant herein is arrested in connection of the present offence on 11.03.2021. The role attributed to the present applicant is to the effect that the applicant was driving the car which was allegedly used for commission of offence. The record indicates that the other co-accused who is alleged to have hired the present applicant for commission of offence has been considered for grant of bail vide order dated 12.09.2024. Having considered the said aspect, the present application deserves to be allowed.
7. This court has also considered the following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly 3 Page 3 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 22 2025 Downloaded on : Wed Jan 22 22:39:00 IST 2025 NEUTRAL CITATION R/CR.MA/21458/2024 ORDER DATED: 20/01/2025 undefined 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 11.03.2021
(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 released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- with one surety of the like Page 4 of 7 Uploaded by NABILA A. VHORA(HC00630) on Wed Jan 22 2025 Downloaded on : Wed Jan 22 22:39:00 IST 2025 NEUTRAL CITATION R/CR.MA/21458/2024 ORDER DATED: 20/01/2025 undefined 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
immovable properties whether self
acquired or ancestral with
description, location and present
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NEUTRAL CITATION
R/CR.MA/21458/2024 ORDER DATED: 20/01/2025
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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 Bhildi Police Station till conclusion of trial.
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 be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.
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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 Wed Jan 22 2025 Downloaded on : Wed Jan 22 22:39:00 IST 2025