R/CR.A/651/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL) NO. 651 of 2025 ========================================================== AKBAR @ HAKO ALIMAMAD BLOCH Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: M S PADALIYA(7406) for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2 MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/05/2025 ORAL ORDER 1. RULE. Learned APP waives service of rule for the respondent-State. 2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) for regular bail in connection with FIR being C.R. No.11185004231038 of 2023 registered with Jam Kambhaliya Police Station, Devbhoomi Dwarka for the offence under Sections 308, 386, 504, 506(2), 114 of the Indian Penal Code, 1860 (for short “IPC”) and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the Atrocity Act and Section 135 of the GP Act. 3. Learned Advocate appearing on behalf of the appellant submits that the appellant has nothing to do with the offence and he is falsely implicated in the offence. It is submitted that R/CR.A/651/2025 ORDER DATED: 09/05/2025 the charge-sheet has been filed, and nothing remains to be recovered or discovered from the appellant. The applicant was released on bail on 08.11.2023 by this Court in Criminal Misc. Application No. 2419 of 2023. Thereafter, he was arrested in connection with another offence. Due to his custody in that case, he could not attend the court proceedings, and hence, his bail was cancelled. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions. 4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence and Therefore, the present appeal may be dismissed. 5. 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 appeal 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 R/CR.A/651/2025 ORDER DATED: 09/05/2025 State and similar other considerations are required to be considered. 6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) The appellant is in jail since 03.02.2025; (2) The investigation is over and charge-sheet is filed; (3) Prima facie, it appears that after being released on bail, the applicant was arrested in connection with another offence, and since then, he remained in custody. He was subsequently granted regular bail in the same offence by a Coordinate Bench of this Court. However, during this period, as he was in custody, he could not attend the trial regularly. Consequently, his bail was cancelled due to non-compliance with the conditions imposed by this Court. 7. 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 R/CR.A/651/2025 ORDER DATED: 09/05/2025 guaranteed under Article 21 of the Constitution of India, present appeal deserves consideration. 8. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant/s 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 appellant/s on regular bail. Hence, the present appeal is allowed. The appellants is/are ordered to be released on regular bail in connection with FIR being C.R. No.11185004231038 of 2023 registered with Jam Kambhaliya Police Station, Devbhoomi Dwarka 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 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 he is having the passport), E-mail address and R/CR.A/651/2025 ORDER DATED: 09/05/2025 present address of his 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 Trial Court; 9. The authorities will release the appellant/s 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. 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 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 appellant/ on bail. 12. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 09/05/2025 15:33:38