R/CR.MA/6785/2025 ORDER DATED: 27/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 6785 of 2025 ========================================================== THAKOR SURESHJI LAXMANJI DUDAJI & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR AKASHKUMAR H PATEL(12877) for the applicants(s) No. 1,2 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 27/06/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present successive application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11206073240430 of 2024 registered with Vadnagar Police Station, District Mahesana for the offences punishable under Sections 316(5), 319(2), 318(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). [3.0] Learned advocate appearing on behalf of the applicants submits that applicants are innocent and have been falsely implicated in the offence and now nothing is required to be recovered or discovered as the charge-sheet is filed. The role ascribed to the applicant No.1 is that he has received amount of Rs.28,89,487/- out of which during the course of investigation, an amount of Rs.19 lakh and odd has already been recovered and upon instructions he states that applicant No.1 is ready and willing to deposit Rs.10 lakh to show his bonafide. Further applicant No.2 had received Rs.59,747/- and he is ready and willing to deposit an amount of Rs.60,000/- with the learned trial Court within four weeks. Learned advocate for the R/CR.MA/6785/2025 ORDER DATED: 27/06/2025 applicants has submitted that applicants have filed undertakings to that effect. He therefore submits that, considering the nature of the offence, applicants may be enlarged on regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that accused developed an App and lured people to invest in share market and received moneys and even money trail is there and therefore, she has requested to dismiss the present application. [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 over and charge-sheet is filed; (2) Role ascribed to the applicant No.1 is that he has received amount of Rs.28,89,487/- out of which during the course of investigation, an amount of Rs.19 lakh and odd has already been recovered and upon instructions he states that applicants No.1 is ready and willing to R/CR.MA/6785/2025 ORDER DATED: 27/06/2025 deposit Rs.10 lakh to show his bonafide. Further applicants No.2 had received Rs.59,747/- and he is ready and willing to deposit an amount of Rs.60,000/- with the learned trial Court within four weeks; (3) None of the offence alleged is punishable with life sentence or death penalty; (4) Applicants are behind the bars since 24.07.2024; (5) There is nothing to be recovered or discovered from the applicants; (6) The applicants are not having any past antecedent; (7) Co-accused are considered by this Court and hence, applicants are entitled to the benefit of parity; (8) Obviously commencement and conclusion of trial will take some time; [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 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 applicants 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 applicants on regular bail. Hence, the present application is partly allowed. The applicants are ordered to be released on regular bail in connection with FIR being C.R. No.11206073240430 of 2024 registered with Vadnagar Police Station, R/CR.MA/6785/2025 ORDER DATED: 27/06/2025 District Mahesana 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 they 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 present address of their 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; (g) Applicant No.1 shall file undertaking before the concerned trial Court that he shall deposit an amount of Rs.10,00,000/- (Rupees Ten Lakh Only) with the concerned trial Court within a period of four weeks from today and applicant No.2 shall file undertaking before the concerned trial Court that he shall deposit an amount of Rs.60,000/- (Rupees Sixty Thousand Only) with the concerned trial Court within a period of four weeks from today, failing which the learned trial Court shall have liberty to issue warrant against the applicants and cancel the bail granted to the applicants. [9.0] The authorities will release the applicants only if they are 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 R/CR.MA/6785/2025 ORDER DATED: 27/06/2025 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 applicants on bail. [12.0] Rule is made absolute accordingly. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/06/2025 18:35:50