Gujarat High Court
Pababhai Nathabhai Silana (Patel ... vs State Of Gujarat on 7 May, 2025
NEUTRAL CITATION
R/CR.MA/9114/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 9114 of 2025
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PABABHAI NATHABHAI SILANA (PATEL CHAUDHARY)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
D K PATEL(7571) for the Applicant(s) No. 1
MR. H. A. CHHATRIWALA(14649) for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent No.1
MS SONAL BHAVSAR for the Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 07/05/2025
ORAL ORDER
1. The applicant has filed this Application under Section 483
of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging
the applicant on Regular Bail in connection with FIR being C.R.
No.11195050230818 of 2023 registered with Tharad Police
Station, District:Banaskantha for the offences punishable under
Sections 363 and 366, 376(3), 376(2)(n) of the B.N.S and Section
4 and 6 of the POCSO Act.
2. Heard learned advocate Mr.D.K.Patel appearing for the
applicant, learned advocate Ms.Sonal J. Bhavsar appearing for
the original complainant and learned Additional Public
Prosecutor Mr.Hardik Soni for the Respondent - State.
2.1 Learned advocate on behalf of the original complainant
shall file her Vakalatnama in the Registry. The Registry shall
NEUTRAL CITATION
R/CR.MA/9114/2025 ORDER DATED: 07/05/2025
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accept the same.
3. Learned advocate for the applicant submitted that in the
present offence, investigation is over and charge-sheet has been
filed. The present applicant has been arrested in connection with
the present offence on 3.2.2024 and since then the applicant is
in custody. During her cross examination before the concerned
trial court, the prosecutrix had stated in her deposition that she
was aged around 19 years and had not supported the case of
prosecution in her deposition before the concerned trial court.
The applicant has already undergone incarceration of 459 days.
He, therefore, submitted to allow the present application and
enlarge the present applicant on bail subject to suitable
conditions.
4. The application is opposed by learned APP.
5. Learned Advocate appearing for the original complainant
submitted that the matter has been amicably settled between
the parties and the complainant has no objection if the applicant
is ordered to be enlarged on bail. She therefore submitted to
pass an appropriate order.
6. This Court has considered the submissions canvassed by
learned advocates for the parties and has also perused the
material placed on record. Earlier the applicant had filed
Criminal Misc. Application No.2236 of 2025 which was allowed
to be withdrawn by this court vide order dated 4.2.2025.
Thereafter the present is a successive bail application filed by
the present applicant. Learned advocate for the applicant is not
NEUTRAL CITATION
R/CR.MA/9114/2025 ORDER DATED: 07/05/2025
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in a position to show any change in circumstances, except the
fact of deposition of the first informant which had been recorded
before learned trial court. As held by the Hon'ble Apex Court in
its judgment in the case of X. Vs. State of Rajasthan, this is not
the stage for this court to appreciate the evidence which has
been tendered in the trial.
7. Considering all these aspects, no case is made out to
exercise discretion in favour of the applicant. The present
Application is dismissed.
(M. R. MENGDEY,J)
Manshi
