Gujarat High Court
Munavvar @ Munavar @ Munno @ Kohali S/O … vs State Of Gujarat on 21 January, 2025
NEUTRAL CITATION
R/CR.MA/1067/2025 ORDER DATED: 21/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 1067 of 2025
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MUNAVVAR @ MUNAVAR @ MUNNO @ KOHALI S/O YUSUF ABDULGANI
MITHA
Versus
STATE OF GUJARAT
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Appearance:
MR MOHAMMED ARKAM G SHAIKH(9840) for the Applicant(s) No. 1
MR ROHAN H 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 successive regular bail
in connection with FIR being C.R. No.11207025240764 of 2024 registered
with Godhra Town ‘A’ Division Police Station, Panchmahal, for the offence
under Sections 5(A), 6(B), 8(2), 8(4) and 10 of the Gujarat Animal
Preservation (Amendment) Act, Sections 307, 351(3) and 352 of BNS,
Section 135 of the Gujarat Police Act and Sections 11(1)(a)(d) Animal Cruelty
Act, 1960.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence.
Investigation is almost over. Applicant has no past antecedent. He therefore
submits that, considering the nature of the offence, the applicant may be
enlarged on successive regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and submitted that, the applicant is having
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NEUTRAL CITATION
R/CR.MA/1067/2025 ORDER DATED: 21/01/2025
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7 similar nature of past antecedents. If he released on bail, then possibility
cannot be ruled out to tamper with the evidence. Hence, application does
not deserve any consideration.
Considering the aforesaid fact, stringent condition is required to be
imposed and the said apprehension is put on rest.
[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 almost over ;
(2) Applicant is behind the bar since 26.10.2024;
(3) There is nothing to be recovered or discovered from the applicant;
(4) There is no possibility to conclude the trial in near future.
[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
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NEUTRAL CITATION
R/CR.MA/1067/2025 ORDER DATED: 21/01/2025
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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 applicant 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 successive
regular bail. Hence, the present application is allowed. The applicant is
ordered to be released on successive regular bail in connection with FIR
being C.R. No.11207025240764 of 2024 registered with Godhra Town ‘A’
Division Police Station, Panchmahal 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 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 the State of Gujarat without prior permission of the
Trial Court concerned;
(e) mark presence before the concerned Police Station once in a
week till filing of the chargesheet and after filing of the
chargesheet, mark presence before the concerned police station
once in a month for a period of six months;
(f) furnish the present address of his residence to the Investigating
Officer and also to the Court at the time of execution of the bond
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and shall not change the residence/contact number without prior
permission of Trial Court;
(g) not indulge in any illegal activity or any similar type of offence.
if the applicant is found to be indulged in any illegal activities
in future, the trial Court concerned will be free to issue warrant
and cancel the bail granted to the applicant.
(h) not enter into Godhra District for six months except for
marking presence and attending the Trial / court proceedings;
[9.0] The authorities will release the applicant 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.
[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)
KUMAR ALOK
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