R/CR.MA/4600/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 4600 of 2025 ================================================================ NARESH LAXMIDASBHAI BADIYAANI Versus STATE OF GUJARAT ================================================================ Appearance: MR PREMAL S RACHH(3297) for the Applicant(s) No. 1 MR HARDIK MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 09/05/2025 ORAL ORDER 1. The Report of the learned Principal District Judge, Jamnagar was called for. The same is ordered to be taken on record. 2. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State. 3. This application has been filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 for regular bail in connection with the First Information Report being C.R. No.11202008220464 of 2022 R/CR.MA/4600/2025 ORDER DATED: 09/05/2025 registered with City ‘A’ Division Police Station, Jamnagar for the offences punishable under Sections 302, 364, 120(B) of the Indian Penal Code and under Section 135(1) of the G.P. Act. 4. Learned Advocate for the applicant Mr. Premal S. Rachchh submitted that the earlier application being Criminal Miscellaneous Application No.14190 of 2022 was not decided on merits and was disposed of as withdrawn on 13.10.2022. It is further submitted that the similarly situated accused-Dharmendra Kumar Gupta was released on bail on 21.04.2023. It is also submitted that two juveniles came to be acquitted on 17.10.2024 by the Juvenile Court. It is further submitted that the trial will not conclude in the near future since in the chargesheet, there are 52 witnesses and as per the Report, 18 witnesses are examined. There is no fault on part of the application in the delay caused. 5. To substantiate his submissions, learned advocate Mr. Premal S. Rachchh has relied on the decision of the Hon’ble Supreme Court in the case of Tapas Kumar R/CR.MA/4600/2025 ORDER DATED: 09/05/2025 Palit v. State of Chhhattisgarh reported in 2025 SCC Online SC 322 and has submitted that principle as laid down by the Hon’ble Apex Court in Special Leave to Appeal (Crl.) No.4648 of 2024 (Ankur Chaudhary v. State of Madhya Pradesh), vide its order on 28.05.2024 has been reiterated in the above decision. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail. 6. Learned Additional Public Prosecutor submitted that about 52 witnesses need to be examined and the trial is in progress. It is further submitted that necessary order can be made to the concerned Court for expediting the matter. It is also submitted that earlier application for grant of bail came to be withdrawn after arguments were made at length on merits of the case and it was only thereafter, the application came to be withdrawn. Learned APP has relied on the Report dated of the HC/ASI, City ‘A’ Division Police Station, Ahmedabad and submitted that the present application may be rejected. Page 3 of 6 R/CR.MA/4600/2025 ORDER DATED: 09/05/2025 7. Heard learned Advocates on both the sides and perused the material on record. In the above referred case of Ankur Chaudhary v. State of Madhya Pradesh, vide its order on 28.05.2024, the Hon’ble Supreme Court has observed that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India. Here in this case, the applicant has been arrested on 05.03.2022, and the first witness in the trial has been examined on 10.05.2023. The trial will not conclude within a reasonable time. In addition, the applicant is still in jail facing the trial since the last two years. Further, the co-accused has been granted bail. The earlier application was not decided on merits and the long incarceration would be prejudicial to the fundamental rights of the accused. Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant. Page 4 of 6 R/CR.MA/4600/2025 ORDER DATED: 09/05/2025 8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the First Information Report being C.R. No.11202008220464 of 2022 registered with City ‘A’ Division Police Station, Jamnagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the concerned trial court; [e] furnish the present address of residence to the 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 concerned trial court; R/CR.MA/4600/2025 ORDER DATED: 09/05/2025 9. 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. Bail bond to be executed before the lower Court having jurisdiction to try the case. 10. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith. Direct Service is permitted. Sd/- (GITA GOPI, J) CAROLINE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 09/05/2025 13:26:08