Gujarat High Court
Jaideepsinh Bhagwansinh Rajput vs State Of Gujarat on 30 December, 2024
NEUTRAL CITATION
R/CR.MA/25556/2024 ORDER DATED: 30/12/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 25556 of 2024
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JAIDEEPSINH BHAGWANSINH RAJPUT & ORS.
Versus
STATE OF GUJARAT
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1,2,3
MR. NEERAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 30/12/2024
ORAL ORDER
1. The applicants have filed this application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for
enlarging the applicants on Regular Bail in connection with FIR
being C.R. No. 11195034240969 of 2024 registered with
Palanpur East Police Station, Dist. Banaskantha for the offence
punishable under Sections 118(2), 189, 190, 191, 296 of the
B.N.S., 2023.
2. Heard learned advocate for the applicants and learned
APP Mr. Neeraj Sharma for the Respondent – State.
3. Learned Advocate for the applicants has submitted that
applicants innocent persons and are never indulged in any such
type of offence. Learned advocate further submits that co-
accused persons having similar role to the present applicants
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NEUTRAL CITATION
R/CR.MA/25556/2024 ORDER DATED: 30/12/2024
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have already been released on bail by the Sessions Court and on
the ground of parity, the pesent application may also be granted.
Learned advocate further submits that there is nothing concret
coming out against the applicants. It is further contended that
the applicants are ready and willing to abide by all the
conditions that may be imposed by this Court if released on bail.
4. Per contra, learned APP has opposed the present
application for grant of regular bail. Learned APP has therefore
submitted that looking to the nature of offence, this Court may
not exercise the discretion in favour of the applicants and the
Application may be dismissed.
5. The report submitted by the concerned police authority
shows that the victim has suffered with 29 stitches and now he
has already been discharged from the hospital and at present
his condition is stable.
6. Heard learned Advocates for the parties and perused the
record. Considering the aspect, 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 applicants – accused at the time of trial and tampering
and hampering with the witnesses by the accused.
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NEUTRAL CITATION
R/CR.MA/25556/2024 ORDER DATED: 30/12/2024
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(b) That the learned advocate for the applicants has
submitted that the applicant accused are not likely to flee
away.
(c) That the applicants are in custody since 03.12.2024.
(d) 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.
7. 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 applicants – accused at the time
of trial etc. and the role attributed to the present applicants
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. From the
material available on record, it appears that there is no case for
parity as envisaged by the learned advocate for the applicants.
The applicants have been categorically seen in the CCTV
footage and the role of the applicants is prima facie an active
role. Therefore, the aspect of parity does not arise qua the
present applicants. However, the victim is discharged from the
hospital and his condition is stated to be stable. The recovery
and discovery is already done, therefore, there is no need of
custodial interrogration of the applicants. In view of the above,
the applicants – accused are ordered to be released on bail in
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NEUTRAL CITATION
R/CR.MA/25556/2024 ORDER DATED: 30/12/2024
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connection with the FIR being C.R. No. 11195034240969 of
2024 registered with Palanpur East Police Station, Dist.
Banaskantha for the offence punishable under Sections
118(2), 189, 190, 191, 296 of the B.N.S., 2023 on executing
personal bond of Rs.10,000/- each with one surety each of the
like amount to the satisfaction of the trial Court, subject to the
following conditions that they 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
numbers of the sureties before the trial Court. In case of
change in such numbers inform in writing immediately to
the trial Court.
(e) mark presence before the concerned Police Station
once in a month for a period of six months between 11:00Page 4 of 6
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a.m. and 2.00 pm.
(f) 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.
(g) not leave State of Gujarat without prior permission of
the Trial Court;
(h) surrender passport, if any, to the trial Court within a
week. If the applicants does not possess passport, shall
file an affidavit to that effect.
(i) shall not enter into the local limits of District
Banaskantha except for the purpose of marking presence
and attend court proceedings.
8. 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.
9. 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 applicants forthwith only if the applicants are not required
in connection with any other offence for the time being.
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NEUTRAL CITATION
R/CR.MA/25556/2024 ORDER DATED: 30/12/2024
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10. At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this Court in
the present order.
11. Rule is made absolute. Direct service is permitted.
(PRANAV TRIVEDI,J)
AMAR SINGH
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