Gujarat High Court
Hitesh Prahladbhai Darji vs State Of Gujarat on 2 April, 2025
NEUTRAL CITATION
R/CR.A/350/2025 ORDER DATED: 02/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
350 of 2025
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HITESH PRAHLADBHAI DARJI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1
NOTICE SERVED BY DS for the Opponent(s)/Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 02/04/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule on behalf of
respondent-State.
2. Present appeal is filed 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 31.01.2025 passed by the leaned 6th Additional Sessions
Judge & Special Judge (Atrocity), Bhuj-Kachchh in Criminal Misc.
Application No.114 of 2025, whereby the learned 6 th Additional
Sessions Judge & Special Judge (Atrocity), Bhuj-Kachchh rejected the
application filed by the present appellant under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") seeking
regular bail in connection with FIR being C.R.No.11205032241287 of
2024 registered with Mundra Police Station, District : Kachchh for
the offences punishable under Sections 64(2)(m), 75(2), 351(4) of the
BNS and under Sections 3(1)(w) (I), 3(1)(w)(2), 3(2)(r), 3(2)(v) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act.
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3. Learned advocate for the appellant has submitted that the appellant
is not involved in commission of offence as alleged in the FIR and
therefore, looking to the role of the appellant and nature of the
allegations, the appellant is required to be enlarged on regular bail by
imposing suitable terms and conditions.
3.1. Learned advocate for the appellant has submitted that appellant is
arrested on 17.09.2024. It is submitted that present appellant is
innocent and he has falsely roped in the offence. It is submitted that
the allegations levelled against the present appellant is far from the
truth and there was love affair between appellant and prosecutrix.
The alleged incident took place between 15.09.2023 to 23.08.2024.
trial yet to be commenced. It is submitted that nothing is required to
be recovered and discovered from the appellant-accused as charge-
sheet is filed. Therefore, no purpose would be served to keep him
behind the bar for long time. It is further submitted that he is ready
and willing to abide by all the conditions imposed upon him. It is
further submitted that the appellant has no any past criminal
antecedents. Hence, he has requested to allow the present
application.
4. On the other hand, learned APP appearing for the respondent - State
vehemently opposed the appeal and submits that merely filing of
the charge-sheet never lies on the burden. In the pretext of the false
promise of marriage and he physically and financially exploit the
victim and administered the threat to kill her and he has developed
physical relationship. Statement of witnesses have been recorded
and supported the case of the prosecution. It is submitted that as the
offences are against the woman and serious in nature affecting the
society at large and looking to the facts as well as the allegations
made against the appellant, no discretion would be required to be
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exercised. If he released on bail, possibility cannot be ruled out to
tamper with the evidence. Hence, he has requested to allow the
present appeal.
5. Though Notice is served respondent No.2 remained absent.
6. 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.
7. I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. In present
case, the investigation is over and charge-sheet has been filed.
Following aspects have been considered:
(i) appellant is arrested on 17.09.2024;
(ii) Commencement of trial will take its own time;
(iii) offence is not punishable with life or death;
(iv) nothing is required to be recovered and discovered from the
appellant;
(v) victim is major;
(vi) charge-sheet is filed;
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(vii) Initially relationship appears to be consensual and complaint is
filed belatedly;
(viii) there is no possibility to tamper with the evidence;
(ix) no antecedent is reported against the appellant;
8. 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.
9. In the facts and circumstances of the case and considering the nature
of the allegations made against the appellant 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 appellant on regular bail. Hence, the present appeal is allowed.
The appellant is ordered to be released on regular bail in connection
with FIR being C.R.No.11205032241287 of 2024 registered with
Mundra Police Station, District : Kachchh, 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 injuries to the interest of the prosecution;
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[c] surrender passport, if any, to the lower court within a week;
[d] not leave State of Gujarat without prior permission of the
Sessions Judge concerned;
[e] 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 address as well as contact number without prior
permission of Trial Court;
[f] mark presence before the concerned Police Station between 1st
to 10th day of every English calendar month for a period of six
months between 11:00 a.m. and 2:00 p.m.;
10. The authorities will release the appellant 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.
11. 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.
12. 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 appellant on bail.
13. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
