Gujarat High Court
Maheshbhai Viraji Mali (Gehlot) vs State Of Gujarat on 20 January, 2025
NEUTRAL CITATION
R/CR.MA/21458/2024 ORDER DATED: 20/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 21458 of 2024
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MAHESHBHAI VIRAJI MALI (GEHLOT)
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR HRIDAY BUCH(2372) for the Respondent(s) No. 2
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 20/01/2025
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 Bharatiya Nagarik Suraksha Sanhita
for regular bail in connection with F.I.R.
No.11195008201056 of 2020 registered with
Bhildi Police Station, District Banaskantha.
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
regular bail by imposing suitable
NEUTRAL CITATION
R/CR.MA/21458/2024 ORDER DATED: 20/01/2025
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conditions.
4. The learned APP appearing for the respondent
State has vehemently submitted that the car
which was used for commission of offence
belonging to the present applicant and it
was the present applicant who himself was
driving the car at that relevant time.
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
respondent original complainant has opposed
the grant of bail inter-alia contending that
the trial of the offence is commenced and
several witnesses have been examined. He has
further submitted that recently, the Hon'ble
Supreme Court in its judgment in the case of
X vs. State of Rajasthan & Anr in Special
Leave Petition (Criminal) No.13378 of 2024
has directed that in serious offences i.e.
rape, murder and dacoity etc. once the trial
commences and the prosecution starts
NEUTRAL CITATION
R/CR.MA/21458/2024 ORDER DATED: 20/01/2025
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examining witnesses, the Court be it the
trial Court or the High Court should be
loath in entertaining the bail application
of the accused.
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. The applicant herein
is arrested in connection of the present
offence on 11.03.2021. The role attributed
to the present applicant is to the effect
that the applicant was driving the car which
was allegedly used for commission of
offence. The record indicates that the other
co-accused who is alleged to have hired the
present applicant for commission of offence
has been considered for grant of bail vide
order dated 12.09.2024. Having considered
the said aspect, the present application
deserves to be allowed.
7. This court has also considered the following
aspects:
(a) As per catena of decisions of Hon'ble
NEUTRAL CITATION
R/CR.MA/21458/2024 ORDER DATED: 20/01/2025
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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
11.03.2021
(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
released on bail in connection with the
aforesaid FIR, on executing a bond of
Rs.10,000/- with one surety of the like
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R/CR.MA/21458/2024 ORDER DATED: 20/01/2025
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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
immovable properties whether self
acquired or ancestral with
description, location and present
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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 Bhildi
Police Station till conclusion of
trial.
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
be open for the concerned Court to delete,
modify and/or relax any of the above
conditions in accordance with law.
NEUTRAL CITATION
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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
