Ishwarbhai Himmatbhai Bariya vs State Of Gujarat
2025 Latest Caselaw 509 Guj

Gujarat High Court

Ishwarbhai Himmatbhai Bariya vs State Of Gujarat on 2 July, 2025

                                                                                                               NEUTRAL CITATION




                              R/CR.MA/1617/2025                                  ORDER DATED: 02/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                                          CHARGESHEET) NO. 1617 of 2025

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                                                  ISHWARBHAI HIMMATBHAI BARIYA
                                                              Versus
                                                     STATE OF GUJARAT & ANR.
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                        Appearance:
                        MR DEVARSHI C SHAH(5545) for the Applicant(s) No. 1
                        HCLS COMMITTEE(4998) for the Respondent(s) No. 2
                        MS AKSHITA MOHNOT(12118) for the Respondent(s) No. 2
                        MR. TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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                           CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                             Date : 02/07/2025

                                                              ORAL ORDER

1. Leave to amend.

Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 483 of the 973Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11821051220246 of 2022 registered with Chakliya Police Station, District Dahod.

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 conditions.

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4. Learned Additional Public Prosecutor appearing for the respondent State has submitted that the applicant had actively participated in commission of offence. The prosecutrix was below 18 years at the relevant time. Learned APP has, therefore, submitted that the offence is 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 original complainant has submitted that it was the duty of the present applicant to inform the concerned authority that the other co- accused had brought prosecutrix to his place. However, instead of doing that, the applicant had detained the prosecutrix in his place. She has therefore, submitted that the applicant had played vital role in commission of offence. She has therefore submitted to dismiss the present application.

5.1 In support of her case, learned advocate for the respondent no.2 has sought to rely upon the judgment of the Coordinate Bench of this Court rendered in the case of Nihar Ranjitbhai Barad vs. State of Gujarat.

6. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. The role attributed to the present applicant in commission of the present offence is to the effect that the prosecutrix had

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eloped with the other co-accused and thereafter, she was brought to the place of the present applicant and the applicant herein had allegedly provided shelter to the co- accused as well as the prosecutrix and thereafter, the prosecutrix was locked in the house. Except this, no other overt act has been attributed to the present applicant in commission of offence. Having regard to the same, 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 Supreme Court, there are mainly 3 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.

(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

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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/- (Ten Thousand) with one surety of the like 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 value of such properties before the Trial Court, if any.

(f) shall not leave India without prior permission of

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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.

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.

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