Gujarat High Court
Chhatrasinh Bhalsinh Chuahan vs The State Of Gujarat on 13 January, 2025
NEUTRAL CITATION
R/CR.A/1077/2024 ORDER DATED: 13/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL) NO. 1077 of 2024
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CHHATRASINH BHALSINH CHUAHAN
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR GAURAV P GOYAL(8861) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2,3
MR KRUTIK PARIKH, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/01/2025
ORAL ORDER
[1.0] Though served, respondent No.3 has chosen not to appear
before this Court.
[2.0] Present is a third successive criminal appeal filed by the
appellant through Advocate provided by the High Court Legal Aid
Services Committee after rejection of regular bail application by the
learned Special Judge (Atrocity), Ahmedabad in connection with FIR
being CR No.11191037210321 of 2021 registered with Odhav Police
Station, Ahmedabad City for the offences punishable under Sections
376 and 376(2)(1) of the Indian Penal Code, 1860 (for short "IPC") and
section3(2)(v) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for short "Atrocity Act").
[3.0] Heard learned advocate for the appellant and learned APP for
the respondent No.1 - State of Gujarat.
[4.0] Learned advocate for the appellant has submitted that the
NEUTRAL CITATION
R/CR.A/1077/2024 ORDER DATED: 13/01/2025
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appellant is innocent and has been falsely enroped in the offence and
is behind the bars since 2021. Further, the investigation is over and
charge-sheet is filed and even evidence is recorded and therefore, has
submitted that no purpose would be served by keeping the appellant
behind the bars. Therefore, he has requested to allow the present
appeal and grant regular bail to the appellant.
[5.0] Learned APP has vehemently opposed the present criminal
appeal on the ground that earlier when the appellant was granted
temporary bail, he absconded because of which trial could not
progress and therefore, if the present appellant is granted regular bail
then the possibility of again jumping the bail and tampering with the
evidence cannot be ruled out. Even otherwise, there is no change in
circumstance after withdrawal of earlier criminal appeals by the
present appellant. Therefore, he has requested to dismiss the present
appeal.
[6.0] Having heard learned advocates appearing for the respective
parties and perusing the written arguments submitted on behalf of
the appellant and considering the record and investigation papers, it
appears that the alleged incident took place on 07.04.2021 and during
the investigation, sufficient medical evidence is collected which prima
facie suggests involvement of the present appellant in commission of
the offence of rape. Further, out of 24 witnesses shown in the charge-
sheet, 16 witnesses have already been examined in April, 2024 and
therefore, it appears that trial is in progress and is at the fag end of
conclusion and therefore also, if the appellant is now released on bail
then the possibility of tampering with evidence and not stand to trial
cannot be ruled out. Even, considering the conduct of the appellant of
having remained absconding when earlier released on temporary bail
and therefore also, no case is made out to consider the present
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R/CR.A/1077/2024 ORDER DATED: 13/01/2025
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application.
[6.1] Further, at the time of deciding bail application, appreciation of
evidence is not permissible and hence, it is not pertinent to opine
anything about the merits of the case especially when prima facie
involvement of accused in commission of offence is proved. Even,
earlier also, twice criminal appeals seeking regular bail came to be
dismissed and appellant has failed to point out any change in
circumstance after the earlier two criminal appeals under Section 14-A
of the Atrocity Act came to be disposed of as withdrawn. It is also
pertinent to note that trial is at the verge of completion and therefore
also, present criminal appeal cannot be entertained in view of
possibility of appellant again jumping the bail and tampering with the
evidence.
[7.0] In view of above discussion, present criminal appeal is dismissed.
Learned Special Judge (Atrocity), Court No.9, Ahmedabad is directed
to expedite the trial and deliver the judgment at the earliest without
being influenced by the observations made in the present order as the
said observations are tentative in nature. Notice is hereby discharged.
(HASMUKH D. SUTHAR, J.)
Ajay
