Gujarat High Court
Kajal Akshit Vasava vs State Of Gujarat on 29 January, 2025
NEUTRAL CITATION
R/CR.MA/1881/2025 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1881
of 2025
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KAJAL AKSHIT VASAVA
Versus
STATE OF GUJARAT
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Appearance:
DEVANSHI P MALKAN(9307) for the Applicant(s) No. 1
MR. VIKRAMBHAI J. ROHIT(14537) for the Applicant(s) No. 1
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 29/01/2025
ORAL ORDER
1. By way of the present application under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the Applicant has prayed for enlarging the
Applicant on anticipatory bail in connection with the F I R be i ng C. R.
No . 1 1 1 9 9 0 2 8 2 4 0 4 1 7 o f 2 0 2 4 registered wit h Jhagadiya Police
Station, Bharuch for the offe nce s puni sha bl e unde r S ec tions 143, 147,
148, 149, 307, 323, 354, 504 and 506(2) of the Indian Penal Code and Section
135 of the G.P. Act.
2. Heard learned Advocate for the Applicant and learned APP for the
Respondent - State.
Rule. Learned APP waives service of notice of Rule on behalf of the
Respondent - State.
3. Learned Advocate for the Applicant has submitted that the
Applicant is apprehending arrest in connection the aforesaid FIR and in this
NEUTRAL CITATION
R/CR.MA/1881/2025 ORDER DATED: 29/01/2025
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connection the earlier application filed by the Applicant before the learned
Sessions Court came to be dis-allowed. He submitted that considering the
facts stated in the Application, the applicant may be granted anticipatory
bail.
4. 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. Learned APP submitted that the Applicant is
having similar nature of antecedents. Learned APP has therefore prayed that
the present Application may be dismissed.
5. Heard learned Advocates for the parties and perused the record. The
role attributed tot he present Applicant in commission of the offence in question
is to the effect that the Applicant had given kicks and fist blows to the daughter
of the first informant. Except this, no other overt act has been attributed to the
Applicant.
6. Having heard the arguments advanced by the learned advocates
for the parties and perusing the material placed on record and taking into
consideration the facts of the case, nature of allegations, gravity of offence and
the role attributed to the accused, I am inclined to grant anticipatory bail to the
applicant.
7. This Court has considered following aspects,
(a) 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.
Therefore, in the facts and circumstances of the present case, this
court is inclined to consider the case of the applicant.
NEUTRAL CITATION
R/CR.MA/1881/2025 ORDER DATED: 29/01/2025
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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.
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 F I R be i ng No . No . 1 1 1 9 9 0 2 8 2 4 0 4 1 7 o f 2 0 2 4 registered
wit h Jhagadiya Police Station, Bharuch for the offe nce s puni sha bl e
unde r S ec tions 143, 147, 148, 149, 307, 323, 354, 504 and 506(2) of the
Indian Penal Code and Section 135 of the G.P. Act, 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 make available for
interrogation whenever required;
(b) shall remain present at concerned Police Station on 5 . 0 2 . 2 0 2 5
between 12.00 Noon and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement, threat or promise
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R/CR.MA/1881/2025 ORDER DATED: 29/01/2025
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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;
(d) 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;
(e) 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;
(f) 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)
J.N.W / 23
