Gujarat High Court
Jayeshbhai Kantilal Patel vs State Of Gujarat on 13 January, 2025
NEUTRAL CITATION
R/CR.MA/25699/2024 ORDER DATED: 13/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 25699
of 2024
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JAYESHBHAI KANTILAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR ROHITKUMAR R SHARMA(12025) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 13/01/2025
ORAL ORDER
1. RULE. Learned APP waives service of rule for the
respondent-State.
2. By way of the present application under S e c t i o n
482 of the Bhartiya Nagrik Suraksha Sanhita,
2 0 2 3 , the applicant-accused has prayed for enlarging the
applicant on anticipatory bail in connection with the F I R
be i ng C. R. No . P a r t - A - 1 1 2 1 0 0 6 7 2 4 0 6 0 8 of 2024
registered wit h Saroli Police Station, Surat.
3. Heard learned advocate appearing for the applicant
and learned APP for the respondent - State.
4. Learned advocate for the applicant has submitted
that the applicant is apprehending arrest in connection the
NEUTRAL CITATION
R/CR.MA/25699/2024 ORDER DATED: 13/01/2025
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aforesaid FIR and in this connection the earlier application
filed by the applicant before the learned Sessions Court came
to be dis-allowed.
5. Learned Additional Public Prosecutor appearing
on behalf of the respondent - State has opposed grant of
anticipatory bail looking to the nature and gravity of the
offence and has contended that the present applicant has
purchased goods worth Rs.7,54,811/- from the first informant
and not paid amount of consideration for the said purchase
and thus, involved in the offence in question and therefore
submitted to dismiss the present application.
6. Heard learned advocates for the parties and perused
the material available on record.
7. This Court has considered following aspects,
(a) As per the case of prosecution, the present applicant
is alleged to have purchased goods worth Rs.7,54,811/-
from the first informant, however, not paid amount of
consideration for the said purchase.
(b) as per catena of decisions of Hon'ble Supreme Court,
there are mainly two factors which are required to be
considered by this court;
(i) prima facie case
(ii) requirement of accused for custodial
interrogation.
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R/CR.MA/25699/2024 ORDER DATED: 13/01/2025
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8. This Court has also taken into consideration the
law laid down by the Hon'ble Apex Court in the case of
Siddharam Satlingappa Mhetre Vs. State of
Maharashtra and Ors., reported at [2011] 1 SCC 694,
wherein the Hon'ble Apex Court reiterated the law laid down
by the Constitution Bench in the case of Shri Gurubaksh
Singh Sibbia & Ors. Vs. State of Punjab, reported at
(1980) 2 SCC 565. Further, this Court has also taken into
consideration the ratio laid down in the case of Sushila
Aggarwal and Ors. v. State (NCT of Delhi) and Anr. in
Special Leave Petition No. 7281-7282/2017 dated
29.01.2020.
8.1 This court has also considered the judgment in the
case of Arnesh Kumar v. State of Bihar reported in (2014)
8 SCC 273, wherein the Hon'ble Apex Court has observe that
whenever there is punishment of 7 years, then the court
would be liberal to exercise the discretion.
9. In the result, the present application is allowed. The
applicant is ordered to be released on anticipatory bail in the
event of arrest in connection with a FIR be i ng
C. R. No . P a r t - A - 1 1 2 1 0 0 6 7 2 4 0 6 0 8 of 2024
registered wit h Saroli Police Station, Surat on executing
a personal bond of Rs.10,000/- (Rupees Ten Thousand Only)
with one surety of like amount on the following conditions;
(a) shall cooperate with the investigation and
NEUTRAL CITATION
R/CR.MA/25699/2024 ORDER DATED: 13/01/2025
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make available for interrogation whenever required;
(b) shall remain present at concerned Police Station
on 2 0 / 0 1 / 2 0 2 5 between 12.00 Noon and 2.00 p.m.;
(c) shall file an undertaking before the learned trial
court that he shall pay the entire amount of penalty
within a period of one year from today;
(d) 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 him from disclosing such
facts to the court or to any police officer;
(e) shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or
yet to be collected by the police;
(f) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change residence till the final
disposal of the case till further orders;
(g) shall not leave India without the permission of the
concerned trial court and if having passport shall
deposit the same before the concerned trial court within
a week; and
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 is made absolute to the aforesaid extent.
Direct service is permitted.
(M. R. MENGDEY,J)
ILA
