R/CR.MA/3644/2025 ORDER DATED: 13/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 3644 of 2025 ========================================================== KISHOR KANDASH ACHARYA Versus STATE OF GUJARAT ========================================================== Appearance: MR ZUBIN BHARDA, MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1 MR HARDIK MEHTA, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 13/06/2025 ORAL ORDER 1. Rule. Learned APP waives service for the respondent – State. 2. By this application filed under Section 439 of the Code of Criminal Procedure, the applicant is seeking release on regular bail in connection with the FIR being No. Dist. 11209041211735 of 2021, registered with Prantij Police Station, Sabarkantha, under Sections 406, 409, 420, 120- B, 201 of the Indian Penal Code. 3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions. Page 1 of 4 R/CR.MA/3644/2025 ORDER DATED: 13/06/2025 4. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :- (i) The applicant has been in jail since, 19.12.2021, i.e. for the lat about three and a half year; (ii) Investigation is over and the charge-sheet is filed; (iii) According to learned Advocate, Mr. Bharda, though, the trial is going on, as there are about 342 witnesses and out of which only first witness’s examination-in-chief has commenced just now, the trial is likely to take long in completion; (iv) According to learned Advocate, Mr. Bharda, the applicant, who is a senior citizen, has no antecedents; (v) According to learned Advocate, Mr. Bharda, all the R/CR.MA/3644/2025 ORDER DATED: 13/06/2025 co-accused have been released, except, the present applicant; 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being No. Dist. 11209041211735 of 2021, registered with Prantij Police Station, Sabarkantha, on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the Sessions Judge concerned; [e] furnish latest address of residence to the R/CR.MA/3644/2025 ORDER DATED: 13/06/2025 Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; [f] mark his presence before the concerned police station in the first week of every month till the trial is over; 7. The Authorities will release the applicant only if the applicant 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. Bail bond to be executed before the learned 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. At the trial, learned 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. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 13/06/2025 15:49:22