Gujarat High Court
Aazadsingh Gajrajsingh Rajput vs State Of Gujarat on 10 September, 2024
NEUTRAL CITATION
R/CR.MA/17223/2024 ORDER DATED: 10/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 17223 of 2024
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AAZADSINGH GAJRAJSINGH RAJPUT
Versus
STATE OF GUJARAT
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR SOAHAM M JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 10/09/2024
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service of
notice of rule for and on behalf of the respondent-State.
2. The present application is filed under Section 439 of the
Code of Criminal Procedure, 1973, for regular bail in
connection with the FIR being C.R.No.11210054222387 of
2022 registered with Sachin Police Station, District
Surat, for the offence punishable under Sections 379, 419,
465, 467, 468, 469, 471, 120-B, 411, 414, 201 of the Indian
Penal Code.
3. Mr. A.A. Zabuawala, learned advocate for the applicant
has submitted that this is the successive bail application,
earlier application was preferred after submission of charge-
sheet, which was withdrawn with liberty to approach this
Court, if trial would not over by July, 2024. He further submits
that there are 39 persons' names cited as witnesses in the
charge-sheet papers, out of which, only 11 witnesses have
NEUTRAL CITATION
R/CR.MA/17223/2024 ORDER DATED: 10/09/2024
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been examined and it would take considerable long period of
time to conclude the trial. Considering the above-stated factual
aspects, bail application of the applicant may be considered.
He further submits that the applicant-accused was arrested on
02.10.2022 and since then he is in judicial custody, therefore,
considering the period of incarceration spent by the applicant
in judicial custody, the bail application of the applicant -
accused may be entertained. He further submits that all the
offences are exclusively triable by the court of Magistrate. He
has put reliance upon the judgment of the Hon'ble Apex Court
and submitted that there are more than 18 offences registered
against the accused persons, but considering the period of
incarceration spent by the applicant, his bail application had
already been entertained. He further submits that it is the
settled preposition of law that 'bail is rule, jail is an exception'
and said principle is reiterated by the Hon'ble Apex Court
recently in the number of cases, therefore, considering the
same, the bail application of present applicant-accused may be
entertained. He further submits that FIR is filed against the
unknown persons and the Investigating Officer has filed
charge-sheet against total 08 persons and except the present
applicant-accused, rest of accused persons have already been
enlarged on bail and therefore, the role of the present
applicant is much or less similar in nature. Therefore,
considering the principle of "law of parity", the bail application
of the present applicant- accused, may be considered. Under
the circumstances, learned advocate for the applicant prays
that considering the role attributed to the applicant-accused,
the applicant may be enlarged on bail on any suitable terms
NEUTRAL CITATION
R/CR.MA/17223/2024 ORDER DATED: 10/09/2024
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and conditions.
4. Mr. Soaham Joshi, learned APP appearing on behalf of the
respondent-State has objected the present bail application with
the vehemence and submitted that this is a successive bail
application and earlier bail application has not been considered
by this Court. The applicant-accused has preferred the present
application within a period of four months and as such, there is
no change in circumstances. He further submits that during
course of investigation, specific name and role of the present
applicant-accused is clearly spelt out in the body of the
compilation of the charge-sheet. He further submits that the
applicant-accused has hidden his identity and also change his
residential address, which clearly goes on show the guilty mind
on part of applicant. Learned APP has submitted that
considering the role attributed to the applicant-accused at the
time of commission of offence, this is a fit case wherein
discretionary power of this Court is not required to be
exercised in favour of the applicant-accused.
5. The learned advocates appearing on behalf of the
respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf
of the respective parties and perused the papers of the
investigation and considered the allegations levelled against
the applicant and the role played by the applicant. This Court
has also considered the following aspects;
a) That the investigation has already been completed and
charge-sheet has also been filed;
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R/CR.MA/17223/2024 ORDER DATED: 10/09/2024
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b) That the applicant-accused is in jail since 02.10.2022;
c) That co-accused have already been enlarged on bail;
7. This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay
Chandra v. Central Bureau of Investigation, reported in
[2012] 1 SCC 40.
8. 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.
9. Hence, the present application is allowed and the
applicant is ordered to be released on regular bail in
connection with the FIR being C.R.No.11210054222387 of
2022 registered with Sachin Police Station, District
Surat, on executing a personal bond of Rs.15,000/- (Rupees
Fifteen 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;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave the State of Gujarat without prior permission
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R/CR.MA/17223/2024 ORDER DATED: 10/09/2024
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of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on
alternate Monday of every English calendar month for
a period of six months between 11:00 a.m. and 2:00
p.m.;
[f] furnish the present address of 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 this Court;
10. The authorities will 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.
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.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
A. B. VAGHELA
