Gujarat High Court
Harshil S/O Karansinh Govindbhai Rana vs State Of Gujarat on 25 April, 2025
NEUTRAL CITATION
R/CR.MA/1252/2025 ORDER DATED: 25/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1252 of 2025
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HARSHIL S/O KARANSINH GOVINDBHAI RANA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. DEVANG D DAVE(2627) for the Applicant(s) No. 1
MR NITINBHAI M DESAI(13406) for the Respondent(s) No. 2
MR.KIRIT R CHAUDHARI(3745) for the Respondent(s) No. 2
MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 25/04/2025
ORAL ORDER
1. This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita for regular bail in
connection with F.I.R. No.11216001230758 of 2023 registered
with Police Station, District Ahmedabad, for the offences
punishable under Sections 363, 366, 376(2)(n) and 376(3) of the
Indian Penal Code, 1860 and Sections 4 and 6 of POCSO Act.
2. Learned advocate for the applicant has submitted
that the applicant has been arrested in connection with the
present offence on 07.03.2024 and since then, he is in custody.
Learned advocate for the applicant has sought to rely upon the
order passed by the Hon'ble Supreme Court in the case of
Deshraj @ Musa vs. State of Rajasthan & Anr. and submitted
that the applicant may be enlarged on regular bail by imposing
suitable conditions.
NEUTRAL CITATION
R/CR.MA/1252/2025 ORDER DATED: 25/04/2025
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3. Learned APP appearing for the respondent State has
vehemently submitted that the offences alleged against the
present applicant is serious in nature. He has further submitted
that the allegations against the applicant are serious in nature
and looking to the facts as well as the allegations made against
the applicant, no discretion should be exercised.
4. Heard learned advocates for the respective parties
and perused the documents produced on record.
5. This court vide order dated 28.03.2025 had directed
the learned trial court to submit its report as regards current
status of trial and accordingly, the learned trial court has
submitted its report which indicates that out of 28 witnesses
cited by the prosecution in the charge sheet, 13 witnesses have
been examined and the trial of the offence has been commenced.
6. The Hon'ble Supreme Court in its judgment rendered
in the case of X vs. State of Rajasthan has observed in Para-14
as under :-
"14. Ordinarily in serious offences like rape, murder,
dacoity etc. once the trial commences and the prosecution
starts examining its witnesses, the Court be it the trial
Court or the High Court should be loath in entertaining the
bail application of the accused."
7. Considering this aspect, this Court is not inclined to
exercise its judicial discretion in favour of the applicant. The
application is dismissed.
(M. R. MENGDEY,J)
NABILA
