Gujarat High Court
Sanjay @ Lalo Hasmukhbhai Parmar vs State Of Gujarat on 14 July, 2025
NEUTRAL CITATION
R/CR.MA/11440/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 11440 of 2025
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SANJAY @ LALO HASMUKHBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
TATVDEEP J JANI(7227) for the Applicant(s) No. 1
MS MEGHA CHITALIYA for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 14/07/2025
ORAL ORDER
1. RULE. Learned APP waives service of rule for the
respondent-State.
2. The present application is filed under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for
regular bail in connection with FIR being C.R.
No.11210022232056 of 2023 registered with Kapodra Police
Station, Surat for the offences punishable under Sections 302,
452, 449, 323, 504 and 114 of the Indian Penal Code and
Section 135 of the GP Act.
3. Learned Advocate appearing on behalf of the applicant
submits that the applicant has nothing to do with the offence
and he is falsely implicated in the offence. The applicant is in jail
since 11.11.2023. Nothing is required to be recovered or
discovered from the present applicant and similar situated
accused persons had already been released on bail. It is further
submitted that, considering the nature of the offence, the
NEUTRAL CITATION
R/CR.MA/11440/2025 ORDER DATED: 14/07/2025
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applicant may be granted regular bail with the imposition of
suitable conditions.
4. Learned APP appearing on behalf of the respondent-State
has opposed grant of regular bail looking to the nature and
gravity of the offence. It is submitted that the present applicant
is actively involved in the offence, as he provided a knife to
accused No.1 and also inflicted a blow with a stick on the
deceased. The role of the present applicant is significantly
different from that of the co-accused who has been released on
bail. Therefore, the present application may be dismissed.
5. While granting bail, the Court has to consider the
involvement of the accused in the alleged offence, the jurisdiction
to grant bail has to be exercised on the basis of the well settled
principles having regard to the facts and circumstances of each
case and the following factors are to be taken into consideration
while considering an application for bail: (i) the nature of
accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable
apprehension of tampering with the witnesses and threat to the
complainant or the witnesses; (iii) reasonable possibility of
securing the presence of the accused at the time of trial or the
likelihood of his abscondence; (iv) character behaviour and
standing of the accused and the circumstances which are
peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be
considered.
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R/CR.MA/11440/2025 ORDER DATED: 14/07/2025
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6. I have heard the learned advocates appearing on behalf of
the respective parties and perused the investigation papers.
Following aspects have been considered:
(1) Investigation is over and charge-sheet is filed;
(2) The applicant is in jail since 11.11.2023.
(3) Pursuant to the order dated 18.06.2025 passed by this
Court, the learned Principal District and Sessions Judge,
Surat has placed on record a status report of Sessions
Case No.76 of 2024, stating that the learned APP
submitted documentary evidence on 07.03.2025, and
subsequently, the Court has examined three witnesses
and also issued summons to witnesses No.7, 8, and 9. It
is further submitted that the concerned Presiding Officer
has been allotted the Special Court for NDPS cases;
therefore, the concerned Court has been concentrating on
special matters under the NDPS Act, as well as other
categories of cases. It is also submitted that the concerned
Presiding Officer has given priority to UTP cases, old
cases, targeted cases, and cases in which directions have
been issued by the Hon'ble Apex Court and the Hon'ble
High Court.
(4) It appears that the trial will take its own time, and in view
of the judgment passed by the Hon'ble Apex Court in
Union of India v. K.A. Najeeb [(2021) 3 SCC 713], the
matter requires consideration.
(5) Prima facie, it appears that the present applicant has not
inflicted any fatal blow on the deceased, and the only
allegation levelled against him is that he provided a knife
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R/CR.MA/11440/2025 ORDER DATED: 14/07/2025
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to accused No.1. Except for this, no other role has been
attributed to him.
(6) As the co-accused has been granted bail, therefore, the
present application requires consideration in view of the
principle of parity laid down in the case of Rameshbhai
Batubhai Dhabi vs. State of Gujarat, reported in (1999)
3 GLR 1150.
(7) Now, nothing is required to be discovered or recovered
from the accused and there is no possibility of the trial
taking place in the near future;
7. This Court has also taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay Chandra
vs. Central Bureau of Investigation reported in [2012]1 SCC
40 as well as in the case of Gudikanti Narasimhulu And Ors vs.
Public Prosecutor, High Court of Andhra Pradesh reported in
(1978)1 SCC 240. Obviously, the conclusion of trial will take
time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the
celebrated principle of bail jurisprudence is that "bail is a rule
and jail is exception" as well as the concept of personal liberty
guaranteed under Article 21 of the Constitution of India, present
application deserves consideration.
8. In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant/s in the
FIR, without discussing the evidence in detail, prima facie, this
Court is of the opinion that this is a fit case to exercise the
discretion and enlarge the applicant/s on regular bail. Hence,
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the present application is allowed. The applicants is/are ordered
to be released on regular bail in connection with FIR being C.R.
No.11210022232056 of 2023 registered with Kapodra Police
Station, Surat on executing a personal bond of Rs.25,000/-
(Rupees Twenty-five Thousand only) with one solvent surety
of the like amount to the satisfaction of the trial Court and
subject to the conditions that he shall;
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the
prosecution & shall not obstruct or hamper the police
investigation and shall not to play mischief with the
evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a
week;
(d) not leave the State of Gujarat without prior permission
of the Trial Court concerned;
(e) 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.;
(f) furnish the UIDAI Number, Contact Number/s, Passport
Number (if he is having the passport), E-mail address and
present address of his residence to the Investigating Officer
and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission
of Trial Court;
(g) not indulge in any illegal activity or any similar type of
offence. If the applicant is found in any illegal activity
or any similar type of activity, then, concerned
Investigating Officer shall have liberty to file an
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application for cancellation of bail against the present
applicant. In case of breach of any conditions, the
concerned Trial Court shall have liberty to cancel the
bail of the present applicant;
9. The authorities will release the applicant/s 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.
10. 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.
11 At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the applicant/ on bail.
12. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(HASMUKH D. SUTHAR,J)
ALI
