Gujarat High Court
Vijay @ Arvind Jain @ Prashant @ Akash ... vs State Of Gujarat on 20 June, 2025
NEUTRAL CITATION
R/CR.MA/11331/2025 ORDER DATED: 20/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11331 of 2025
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VIJAY @ ARVIND JAIN @ PRASHANT @ AKASH SHARMA @ VISHAL S/O
RAMESHWARPURI GOSWAMI
Versus
STATE OF GUJARAT
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Appearance:
ARTI MADANGOPAL RAJPUT(8254) for the Applicant(s) No. 1
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
MR. MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 20/06/2025
ORAL ORDER
1. The Applicant has filed this Application under Section
439 of the Code of Criminal Procedure for enlarging the
Applicant on Regular Bail in connection with FIR being
C.R. No. 11191011200007/2020 registered with
D.C.B Police Station, Ahmedabad.
2. Heard learned Advocate Mr. Sanjay Prajapati for the
Applicant and learned APP Mr. Meet Thakkar for the
Respondent - State.
Rule. Learned APP waives service of Rule on behalf
of the Respondent - State.
3. Learned Advocate for the Applicant has submitted
that the Applicant has been arrested in connection with
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R/CR.MA/11331/2025 ORDER DATED: 20/06/2025
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the present offence on 19.01.2020 and since then the
Applicant is in the custory. Thus, the Applicant has
undergone incarceration of more than five years by now.
Learned Advocate for the Applicant has submitted that no
offence at all has been registered against the present
Applicant after the commencement of the Gujarat Control
of Terrorism and Organized Crime Act 2015 (for short
"GCTOC Act"), and therefore, the Applicant cannot be said
to have committed or continuing with any such unlawful
activity after the commencement of the GCTOC Act. He
therefore submitted to allow the present Application and
enlarge the Applicant on bail subject to suitable
conditions. In support of his submission, he seeks to rely
upon the judgment of the Hon'ble Apex Court in case of
The State of Gujarat v/s Sandip Omprakash Gupta,
reported in 2022 SCC Online sc 1727.
4. The Application is opposed by learned APP Mr. Meet
Thakkar contending inter alia that there are several other
antecedents against the present Applicant which indicate
that the present Applicant was involved in commission of
the unlawful activities and had continued to commit the
same even after the commencement of the GCTOC Act.
He therefore submitted to dismiss the present Application.
5. Heard learned Advocates for the parties and perused
the record.
6. Upon perusal of the entire record, it appears that no
offence has been registered against the present Applicant
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after the commencement of the GCTOC Act and, as per
the case of prosecution, the present Applicant was in
contact with the co-accused person who, while being on
bail was running an extortion racket on mobile phone, and
therefore, the present Applicant appears to have been
arraigend in the present case. It appears that the present
Applicant has been arrested in connection with the
present offence on 19.1.2020 and since then he is in
custody.
7. The Hon'ble Apex Court in its recent judgment in case
of The State of Gujarat v/s Sandip Omprakash Guptau
(supra) has observed as under:
"(e) As held by this Court in State of Maharashtra v.
Bharat Shanti Lal Shah (supra) continuing unlawful
activity evidenced by more than one chargesheets is
one of the ingredients of the offence of organised
crime and the purpose thereof is to see the
antecedents and not to convict, without proof of
other facts which constitute the ingredients of
Section 2(1)(e) and Section 3, which respectively
define commission of offence of organised crime and
prescribe punishment.
(f) There would have to be some act or omission
which amounts to organised crime after the Act came
into force, in respect of which the accused is sought
to be tried for the first time, in the Special Court (i.e.
has not been or is not being tried elsewhere).
(g) However, we need to clarify something
important. Shiva alias Shivaji Ramaji Sonawane
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(supra) dealt with the situation, where a person
commits no unlawful activity after the invocation of
the MCOCA. In such circumstances, the person
cannot be arrested under the said Act on account of
the offences committed by him before coming into
force of the said Act, even if, he is found guilty of
the same. However, if the person continues with the
unlawful activities and is arrested, after the
promulgation of the said Act, then, such person can
be tried for the offence under the said Act. If a person
ceases to indulge in any unlawful act after the said
Act, then, he is absolved of the prosecution under the
said Act. But, if he continues with the unlawful
activity, it cannot be said that the State has to wait
till, he commits two acts of which cognizance is taken
by the Court after coming into force. The same
principle would apply, even in the case of the 2015
Act, with which we are concerned."
8. Considering these aspects, the Application deserves
consideration. 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) 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.
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9. Having heard the learned Advocates for the parties
and perusing the record produced in this case as well as
taking into consideration the facts of the case, nature of
allegations, gravity of accusation, availability of the
Applicant Accused at the time of Trial etc. and the role
attributed to the present Applicant accused, the present
Application deserves to be allowed and accordingly stands
allowed. This Court has also gone through the FIR and
police papers and also the earlier order passed by the
learned Sessions Court where the learned Sessions Judge
has disallowed the bail Application at initial stage. The
Applicant Accused is ordered to be released on bail in
connection with the aforesaid FIR on executing a personal
bond of Rs.10,000/- with one surety of the like amount to
the satisfaction of the trial Court, subject to the following
conditions that he shall:
(a) not directly or indirectly make any inducement,
threat or promise to any person acquainted with the fact
of the case so as to dissuade him from disclosing such
facts to the Court or any Police Officer or tamper with the
evidence.
(b) maintain law and order and not to indulge in any
criminal activities.
(c) 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 the residence without prior
permission of the trial Court.
(d) provide contact numbers as well as the contact
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numbers of the sureties before the Trial Court. In case of
change in such numbers inform in writing immediately to
the trial Court.
(e) file an affidavit stating his immovable properties
whether self acquired or ancestral with description,
location and present value of such properties before the
Trial Court, if any.
(f) not leave India without prior permission of the Trial
Court
(g) surrender passport, if any, to the Trial Court within a
week. If the Applicant does not possess passport, shall file
an Affidavit to that effect.
(h) not leave the territory of Gujarat without prior
permission of the Trial Court concerned.
10. Bail bond to be executed before the Trial Court
having jurisdiction to try the case. It would be open for the
Trial Court concerned to give time to furnish the solvency
certificate if prayed for.
11. If breach of any of the above conditions is
committed, the Trial Court concerned will be free to issue
warrant or take appropriate action according to law. The
Authorities will release the Applicant forthwith only if the
Applicant is not required in connection with any other
offence for the time being.
12. At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this
Court in the present order.
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R/CR.MA/11331/2025 ORDER DATED: 20/06/2025
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13. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
J.N.W / 31
