Gujarat High Court
Prafulbhai Samantbhai Ram vs State Of Gujarat on 8 January, 2025
NEUTRAL CITATION
R/CR.A/2651/2024 ORDER DATED: 08/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2651 of 2024
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PRAFULBHAI SAMANTBHAI RAM
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Appellant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/01/2025
ORAL ORDER
1. RULE. Learned APP waives service of rule for the
respondent-State.
2. 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 04.11.2024 passed by the learned 3 rd
Additional Sessions Judge, Gir-Somnath, Veraval, in Criminal
Misc. Application No.308 of 2024 whereby the learned Special
Judge rejected the application filed by the present appellant
under Section 483 of the Bharatiya Nyaya Suraksha Sanhita,
2023 (for short "BNSS") for regular bail in connection with FIR
being C.R. No.11186004240607 of 2024 registered with Prabhas
Patan Police Station, Gir-Somnath for the offences punishable
under Sections 109, 115(2), 118, 117(2), 352, 351(2), 189(2)
191(2) 191(3) 190 of BNS and Section 135 of the GP Act and
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R/CR.A/2651/2024 ORDER DATED: 08/01/2025
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Section 3(1)(r), 3(1)(s), 3(2)(v) of the Atrocity Act.
3. Learned Advocate appearing on behalf of the applicant
submits that the applicant has nothing to do with the offence
and he is falsely implicated in the offence. The applicant is in jail
since 02.09.2024. It is further submitted that, considering the
nature of the offence, the applicant may be granted regular bail
with the imposition of suitable conditions.
4. Learned APP appearing on behalf of the respondent-State
has opposed grant of regular bail looking to the nature and
gravity of the offence. Therefore, the present application may be
dismissed.
5. 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.
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R/CR.A/2651/2024 ORDER DATED: 08/01/2025
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6. I have heard the learned advocates appearing on behalf of
the respective parties and perused the investigation papers.
Following aspects have been considered:
(1) The applicant is in jail since 02.09.2024;
(2) Investigation is over and charge-sheet is filed;
(3) The applicant has one past antecedent. However, the
applicant is presumed to be innocent until proven guilty;
(4) Now, nothing is required to be discovered or recovered
from the accused and there is no possibility of the trial
taking place in the near future;
7. 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 .
8. In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant/s in the
FIR, without discussing the evidence in detail, prima facie, this
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R/CR.A/2651/2024 ORDER DATED: 08/01/2025
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Court is of the opinion that this is a fit case to exercise the
discretion and enlarge the applicant/s on regular bail. Hence,
the present application is allowed. The applicants is/are ordered
to be released on regular bail in connection with FIR being C.R.
No.11186004240607 of 2024 registered with Prabhas Patan
Police Station, Gir-Somnath 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 injurious to the interest of the
prosecution & shall not obstruct or hamper the police
investigation and shall not to play mischief with the
evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a
week;
(d) not leave the State of Gujarat without prior permission
of the Trial Court concerned;
(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 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 without prior permission
of Trial Court;
9. The authorities will release the applicant/s only if he is not
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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.
10. 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.
12. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(HASMUKH D. SUTHAR,J)
ALI
