Gujarat High Court
Ramabhai Rameshbhai Surela vs State Of Gujarat on 13 February, 2025
NEUTRAL CITATION
R/CR.A/2359/2024 ORDER DATED: 13/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL) NO. 2359 of 2024
==========================================================
RAMABHAI RAMESHBHAI SURELA & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS TANAVEER K LOLADIA(9994) for the appellants(s) No. 1,2
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR KRUTIK PARIKH, APP for the Opponent(s)/Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/02/2025
ORAL ORDER
[1.0] ADMIT. Learned APP waives service of notice of Admission for
and on behalf of the respondent No.1 - State of Gujarat.
[2.0] Present appeal 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 26.09.2024 passed by the learned 2nd Additional Sessions Judge,
Surendranagar in Criminal Misc. Application No.758 of 2024 whereby
the learned Judge rejected the application filed by the present
appellants under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 seeking regular bail in connection with FIR being C.R.
No.11211009240470 of 2024 registered with Chotila Police Station,
District Surendranagar for the offences punishable under Sections
108, 115(2) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short
"BNS") and section 3(2)(v) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act (for short "Atrocity Act").
[3.0] Learned advocate for the appellants submitted that the
NEUTRAL CITATION
R/CR.A/2359/2024 ORDER DATED: 13/02/2025
undefined
appellants are not involved in the commission of offence as alleged in
the FIR and has been falsely enroped in the offence. Further, charge-
sheet is filed and nothing is required to be recovered or discovered
from the present appellants and appellants are not having any past
antecedent. Further, the appellants are behind the bars since
09.07.2024 and therefore, the appellants are required to be enlarged
on regular bail by imposing suitable terms and conditions.
[4.0] Per contra, learned APP appearing for the respondent No.1 -
State as well as learned advocate Mr. Munjal Acharya for the original
complainant have vehemently opposed the present appeal and stated
that if the appellants are released on bail then the possibility of
tampering with the evidence cannot be ruled out. Further, as
sufficient material and evidence is collected during the investigation,
appellants are not entitled to any relief from this Court and hence,
have requested to dismiss the present appeal.
[5.0] I have given thoughtful consideration to the arguments
canvassed by learned advocates for both the sides.
The allegation in the FIR is that alleged incident took place on
08.07.2024 wherein it is alleged that accused persons used to quarrel
with the deceased due to which the deceased committed suicide in
the temple of Goddess Meldi Maa and in this regard, complaint came
to be filed. However, there is no any suicide note or any direct
evidence qua instigation on the part of appellants is collected during
the investigation. Further, it is pertinent to note that investigation is
over and nothing is required to be recovered or discovered from the
present appellants as the charge-sheet is filed. In view of the above, if
the appellants are not released on bail then it will be pre-trial
conviction and considering the principle of bail is rule and jail is
NEUTRAL CITATION
R/CR.A/2359/2024 ORDER DATED: 13/02/2025
undefined
exception, present appeal deserves consideration with appropriate
conditions. 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. This
Court has also taken into consideration the decision of the Hon'ble
Supreme Court in the case of Mahendra Awase vs. State of Madhya
Pradesh reported in 2025 INSC 76 as well as in the case of Ayyub &
Ors. vs. State of Uttar Pradesh and Another reported in 2025 INSC
[6.0] Hence, the present appeal is allowed. The appellants are ordered
to be released on regular bail in connection with FIR being C.R.
No.11211009240470 of 2024 registered with Chotila Police Station,
District Surendranagar on executing a personal bond of Rs.15,000/-
(Rupees Fifteen Thousand Only) each with one surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that the appellants 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 India without prior permission of the concerned
trial court;
[e] 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.;
[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
the concerned trial court;
NEUTRAL CITATION
R/CR.A/2359/2024 ORDER DATED: 13/02/2025
undefined
[7.0] The authorities shall release the appellants only if the
appellants are 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.
[8.0] At the trial, the Trial Court shall not be influenced by the prima
facie observations made by this Court in the present order. Direct
service is permitted.
(HASMUKH D. SUTHAR, J.)
Ajay
