Gujarat High Court
Navneet Mithilesh Patel vs State Of Gujarat on 10 February, 2025
NEUTRAL CITATION
R/CR.MA/24691/2024 ORDER DATED: 10/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 24691 of 2024
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NAVNEET MITHILESH PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HARSH M SURTI(3907) for the Applicant(s) No. 1
MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1
MR ABID R PATHAN(11217) for the Respondent(s) No. 2
MS. JIRGA D. JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 10/02/2025
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 Criminal Procedure Code, 1973 for
regular bail in connection with F.I.R.
No.11191065240015 of 2024 registered with
Narole Police Station, District Ahmedabad.
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
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R/CR.MA/24691/2024 ORDER DATED: 10/02/2025
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regular bail by imposing suitable
conditions.
4. The learned APP appearing for the respondent
State has vehemently submitted that the
applicant herein had actively participated
in commission of offence as he was present
at the scene of offence armed with a weapon
like a wooden stick. 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 original
complainant has opposed the grant of present
application inter-alia contending that the
applicant had actively participated in
commission of offence. The statement of eye-
witness recorded during the course of
investigation clearly indicate the role
played by the present applicant in
commission of offence. Moreover, the
applicant had absconded for almost 9 months
after registration of the present F.I.R. and
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if the applicant is enlarged on bail, in all
likelihood he may not be available for the
purpose of trial. He has therefore,
submitted to dismiss the present
application.
5.1 In support of his submissions, learned
advocate for the original complainant has
sought to rely upon the judgments pronounced
by the Hon'ble Apex Court in the cases of
Deepak Yadav vs. State of U.P. and Anr. and
Brijmani Devi vs. Pappu Kumar & Anr.
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. As per the case of
prosecution, the applicant was present at
the scene of offence at the time of incident
armed with wooden stick. However, there is
nothing on record to indicate that the
applicant had assaulted the deceased or
caused any injuries. Having regard to these
facts, the present application deserves to
be allowed.
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7. This court has also considered the following
aspects:
(a) As per catena of decisions of Hon'ble
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
06.08.2024.
(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
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released on bail in connection with the
aforesaid FIR, on executing a bond of
Rs.10,000/- with one surety of the like
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
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immovable properties whether self
acquired or ancestral with
description, location and present
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 Narole
Police Station till conclusion of
trial except to attend the trial
proceedings.
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
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be open for the concerned Court to delete,
modify and/or relax any of the above
conditions in accordance with law.
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
