Gujarat High Court
Dharamdas @ Dharmesh @ Bholo Bhikharam ... vs State Of Gujarat on 8 May, 2025
NEUTRAL CITATION
R/CR.A/660/2025 ORDER DATED: 08/05/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
660 of 2025
==========================================================
DHARAMDAS @ DHARMESH @ BHOLO BHIKHARAM RAMDAS
GONDALIYA
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. NIPUL H GONDALIA(6894) 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
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 08/05/2025
ORAL ORDER
1. Admit. Learned APP waives service of notice of admission on behalf
of respondent-State.
2. 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 31.01.2025 passed by the leaned 2 nd Additional Sessions
Judge, Devbhoomi Dwarka, Khambhaliya in Criminal Misc. Application
No.36 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.11185004241182 of 2024 registered with Jamkhambhaliya
Police Station, Devbhoomi Dwarka for the offences punishable
under Sections 103(1) of the BNS and under Sections 3(2)(v) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act.
3. Learned advocate for the appellant has submitted that the appellant
is not involved in commission of offence as alleged in the FIR and
NEUTRAL CITATION
R/CR.A/660/2025 ORDER DATED: 08/05/2025
undefined
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.
3.1. Learned advocate for the appellant has submitted that appellant is
arrested on 12.08.2024. It is submitted that present appellant is
innocent and he has falsely roped in the offence. It is submitted that
the allegations levelled against the present appellant is far from the
truth. Merely based on the suspicion, present appellant is arraigned.
Present appellant is not named in the FIR. His name is surfaced during
the investigation. There is no direct evidence, which suggests the
involvement of the present appellant. It is submitted that nothing is
required to be recovered and discovered from the appellant-accused
as charge-sheet is filed. Therefore, no purpose would be served to
keep him behind the bar for long time. It is further submitted that he
is ready and willing to abide by all the conditions imposed upon him.
It is further submitted that the appellant has no any past criminal
antecedents. Hence, he has requested to allow the present
application.
4. On the other hand, learned APP appearing for the respondent - State
vehemently opposed the appeal and submits that merely filing of the
charge-sheet never lies on the burden. He is facing serious charge.
The deceased has died due to asphyxia. Appellant has made
confessional statement before his mother and brother. Earlier
quarrel took place and keeping the grudge of illicit relationship, he
has made an assault to eliminate the deceased. Re-construction of
panchnama is also drawn. Sufficient material is collected during the
investigation. If he released on bail, possibility cannot be ruled out to
tamper with the evidence. Hence, he has requested to allow the
present appeal.
NEUTRAL CITATION
R/CR.A/660/2025 ORDER DATED: 08/05/2025
undefined
5. Though Notice is served respondent No.2 remained absent.
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 been filed.
Following aspects have been considered:
(i) appellant is arrested on 12.08.2024;
(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) appellant is not named in the FIR;
(vi) charge-sheet is filed;
(vii) case is based on circumstantial evidence and the prosecution
has relied that in custody, the appellant has made confession
before his brother and mother. It appears that extrajudicial
confession is nothing, which is weak piece of evidence. In
NEUTRAL CITATION
R/CR.A/660/2025 ORDER DATED: 08/05/2025
undefined
absence of any corroborative material except the re-
construction of panchnama, no material is collected. At the
time of deciding the bail application, appreciation of evidence
is not permissible;
(viii) there is no possibility to tamper with the evidence;
(ix) no antecedent is reported against the appellant;
(x) it appears that trial is in snail pace;
8. 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.
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 appellant is ordered to be released on regular bail in connection
with FIR being C.R.No.11185004241182 of 2024 registered with
Jamkhambhaliya Police Station, Devbhoomi Dwarka, 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;
NEUTRAL CITATION
R/CR.A/660/2025 ORDER DATED: 08/05/2025
undefined
[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
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.;
[g] regularly attend court proceeding and shall not contact
directly or indirectly with the victim or any other witnesses;
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.
13. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
