Gujarat High Court
Pappu S/O Kalubhai Sherubhai Kanjar vs State Of Gujarat on 21 January, 2025
NEUTRAL CITATION
R/CR.MA/1168/2025 ORDER DATED: 21/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1168 of 2025
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PAPPU S/O KALUBHAI SHERUBHAI KANJAR
Versus
STATE OF GUJARAT
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Appearance:
MR. UTSAV H RAVAL(14345) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/01/2025
ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] 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.11199060240260 of 2024 registered
with Panoli Police Station, District : Bharuch for the offences punishable
under Sections 392, 394, 397 and 34 of the Indian Penal Code, 1860 and
Section 135 of GP Act and Section 157 of Cr.P.C.
[3.0] Learned advocate appearing on behalf of the applicants submits that
applicant is innocent and have been falsely implicated in the offence and the
allegations against the present applicant is that when the complainant and
injured witnesses were on National Highway (Surat-Ankleshwar Highway) by
riding motorcycle, to answer the call nature, they park their vehicle, at that
time, the accused persons have made as assault and robbed the mobile and
cash of Rs.4,600/- and caused injury. Investigation is over and charge-sheet
is filed. Muddamal is recovered, therefore, nothing is required to be
recovered and discovered from the accused. Commencement of trial will
take its own time. He therefore submits that, considering the nature of the
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NEUTRAL CITATION
R/CR.MA/1168/2025 ORDER DATED: 21/01/2025
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offence, the applicant may be enlarged on regular bail by imposing suitable
conditions.
[4.0] Learned APP appearing on behalf of the respondent-State and has
opposed the present application and submitted that applicant is having
similar nature of past antecedent and if the applicant is released, then,
possibility cannot be ruled out to indulge in similar type of offence. Hence,
she requested to dismiss the present application for regular bail looking to
the nature and gravity of the offence.
[5.0] 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.
[6.0] 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) None of the offence alleged is punishable with life sentence or
death penalty;
(3) Applicant is arrested on 23.05.2024;
(4) There is nothing to be recovered or discovered from the applicant
as muddamal is recovered;
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NEUTRAL CITATION
R/CR.MA/1168/2025 ORDER DATED: 21/01/2025
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(5) allegations against the present applicant is that when the
complainant and injured witnesses were on National Highway (Surat-
Ankleshwar Highway) by riding motorcycle, to answer the call nature,
they park their vehicle, at that time, the accused persons have made as
assault and robbed the mobile and cash of Rs.4,600/- and caused
injury.
(6) applicant is having antecedents, but until and unless offence is
proved is governed by the presumption of innocence;
(7) Obviously commencement of trial will take some time.
(8) Co-accused is enlarged by this Court and therefore, on the ground
of parity also (Rameshbhai Batubhai Dhabi Vs. State of Gujarat
reported in 2011 (3) GLR 1999), present application deserves
consideration.
[7.0] 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.
[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicants 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 on regular bail.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R.
No.11199060240260 of 2024 registered with Panoli Police Station,
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NEUTRAL CITATION
R/CR.MA/1168/2025 ORDER DATED: 21/01/2025
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District : Bharuch, on executing a personal bond of Rs.25,000/- (Rupees
Twenty-five Thousand only) each with one local surety (each) 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 territory 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 they are having the passport), E-mail address and present
address of his/their 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 numbers without
prior permission of Trial Court;
(g)not indulge in any illegal activity or any similar type of offence. If
the applicants are found in any illegal activity or any similar type of
activity, then, concerned Investigating Officer shall have liberty to
file an application for cancellation of bail against the present
applicants.
In case of breach of any conditions, the concerned Trial Court
shall have liberty to cancel the bail of the present applicants;
[9.0] The authorities will release the applicant 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
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NEUTRAL CITATION
R/CR.MA/1168/2025 ORDER DATED: 21/01/2025
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issue warrant or take appropriate action in the matter.
[10.0] 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.
[11.0] 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.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
SUCHIT
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