Mansinhbhai Jivabhai Chaudhary vs State Of Gujarat
2025 Latest Caselaw 138 Guj

Gujarat High Court

Mansinhbhai Jivabhai Chaudhary vs State Of Gujarat on 5 May, 2025

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                             R/CR.A/915/2025                               ORDER DATED: 05/05/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                         R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
                                                 915 of 2025
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                                               MANSINHBHAI JIVABHAI CHAUDHARY
                                                            Versus
                                                  STATE OF GUJARAT & ANR.
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                      Appearance:
                      MR SIDDHARTH H DAVE(5306) for the Appellant(s) No. 1
                      NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
                      MR PRANAV DHAGAT, APP for the Opponent(s)/Respondent(s) No. 1
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                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 05/05/2025

                                                        ORAL ORDER

1. Though respondent No.2 duly served remained absent.

2. Admit. Learned APP waives service of notice of Admission on behalf of respondent-State.

3. Present appeal is filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 19.03.2025 passed by the learned 5th Additional Sessions Judge, Deesa in Criminal Misc. Application No. 147 of 2025, whereby the learned Additional Sessions Judge rejected the application filed by the present appellant under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") seeking regular bail in connection with FIR being C.R.No.11195044240645 of 2024 registered with Shihori Police Station, Banaskantha, for the offences punishable under Sections 115(2), 121(1), 189, 191(2), 352, 351(1) and 352(2) of

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the BNS and Sections 3(1) (r), 3(1)(s) and 3(2)(V-A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

4. Learned advocate for the appellant has submitted that the appellant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the appellant and nature of the allegations, the appellant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4.1. Learned advocate for the appellant has submitted that appellant is arrested on 05.01.2025. Investigation is over and charge-sheet is filed. Now nothing is required to be recovered and discovered from the accused. Appellant is having no past antecedents. Co-accused is having similar role or greater are already enlarged on regular bail. Considering the aforesaid fact, the learned advocate for the appellant has requested this Court the present appellant be released on the ground of parity.

5. On the other hand, learned APP has vehemently opposed the present appeal on the ground that while complainant and other staff members was on duty, at that time, the present appellant along with 20 people march into the government office and when he was on duty, at that time, they have slurred the castiest remarks and started to make an assault to the complainant alleging that the complainant is running slaughtering house of cows in the premises of farm house and is doing illegitimate business of of selling bones and by-products of the slaughter

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house of cows, they have insulted the complainant and prima facie, offence is made out. Charge-sheet is filed is not a ground to grant the bail. It is submitted that this one is successive bail and earlier, it came to be withdrawn. It is submitted that present appellant is not entitled to claim the benefit of parity as he has made an assault to the complainant. Looking to the facts as well as the allegations made against the appellant, no discretion would be required to be exercised.

6. 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.

7. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, the investigation is over and charge-sheet has

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been filed. Following aspects have been considered:

                               (i)     Appellant is arrested on 05.01.2025;
                               (ii)    Commencement of trial will take its own time;

(iii) Offence is not punishable with life or death;

(iv) Nothing is required to be recovered and discovered from the appellant;

(v) Perusing the record, it appears that earlier application was filed prior to filing of the charge-sheet. Now charge- sheet is filed and substantial part of the investigation is over;

(vi) The allegations against the present appellant is that he along with 20 people entered into his office and started to abuse the complainant and his staff members and further allegations against the present appellant is that he delivered a slap, except this no allegations are levelled against him. The co-accused made an assault by iron pipe and by kick and feast blow.

(vii) No role is attributed to the present appellant.

8. Considering other aspects like long incarceration period of the appellant, gravity of offence and as trial is prolonged since long, bail can be granted to the accused as speedy trial is right of the accused under Article 21 of the Constitution of India. Hence, present application deserves consideration.

8.1. 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.

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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.

9. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant 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 appellant on regular bail. Hence, the present appeal is allowed. The judgment and order dated 19.03.2025 passed by the learned 5th Additional Sessions Judge, Deesa in Criminal Misc. Application No. 147 of 2025 is hereby quashed and set aside. The appellant is ordered to be released on regular bail in connection with FIR being C.R.No.11195044240645 of 2024 registered with Shihori Police Station, Banaskantha, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave State of Gujarat without prior permission of the

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Sessions Judge concerned;

[e] 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 address as well as contact number without prior permission of Trial Court;

[f] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

10. The authorities will release the appellant 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.

11. 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.

12. 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 appellant on bail.

Direct service is permitted.

(HASMUKH D. SUTHAR,J) KUMAR ALOK