R/CR.MA/7416/2025 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 7416 of 2025 ========================================================== YASH CHIRAGBHAI PANDYA Versus STATE OF GUJARAT ========================================================== Appearance: MR DM DEVNANI(5880) for the Applicant(s) No. 1 MR BM MANGUKIYA(437) for the Respondent(s) No. 1 MS BELA A PRAJAPATI(1946) for the Respondent(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/07/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. The complainant – party in person is present in the Court. [2.0] The present successive bail 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. 11191011230080 of 2023 registered with DCB Police Station, Ahmedabad City, for the offence under Sections 120B, 406, 408, 420 and 114 of the IPC. [3.0] Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. The applicant is 22 years old boy. Trial is not progressed. Only the Court has passed an order and called the status report and only thereafter on 02.07.2025, charge has been framed. Offence is triable by JMFC Court. Nothing is required to be recovered from the applicant. It is also submitted that, other co-accused having similar role are released on bail and therefore, on the ground of parity, present applicant may be enlarged on regular bail by imposing suitable conditions. Page 1 of 5 R/CR.MA/7416/2025 ORDER DATED: 10/07/2025 [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, though the applicant is 22 years old is involved in the offence and merely witnesses are not examined and trial is not commenced, is not a ground to allow the bail. There is no change in the circumstance. The applicant is the main perpetrator and has siphoned off 25 Kgs. Gold and his presence is noted in CCTV footage. Other co-accused are absconding. Therefore, he may not be enlarged on bail. [5.0] Learned advocate for the complainant Mr. B.M. Mangukiya, has adopted the arguments made by ld. APP and contended that, appropriate directions were passed to consolidate the trial but inadvertently, two different chargesheets have been filed in different Courts. The applicant was an employee of the complainant and he has committed criminal breach of trust. If the applicant is released on bail, then nobody would trust upon its employees. Considering the fact that, the applicant has stolen 25 Kgs gold, no leniency can be shown. Hence, present application may be dismissed. [6.0] 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. R/CR.MA/7416/2025 ORDER DATED: 10/07/2025 [7.0] 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 chargesheet has been filed; (2) Applicant is in jail since 15.05.2024 and maximum punishment of the offence is upto 7 years. (3) There is nothing to be recovered or discovered from the applicant; (4) Allegation against the applicant is that, he was employee of the complainant and has eloped with 25 Kgs. Gold of the complainant with other co-accused. (5) Offence is triable by JMFC Court. (6) Till date, not a single witness is examined. (7) Considering the ground of delay and when this Court passed an order to call for the status report on 15.04.2025 and thereafter only, on 02.07.2025, charge is framed. (8) Merely other co-accused are out of reach is not a ground to refuse the bail of the accused. (9) No past antecedent. (10) It is the duty of the investigating Officer to trace out the muddamal gold and arrest the other accused persons. [8.0] 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. Page 3 of 5 R/CR.MA/7416/2025 ORDER DATED: 10/07/2025 [9.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing further on merit, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11191011230080 of 2023 registered with DCB Police Station, Ahmedabad City on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one local 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 to leave 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; (f) furnish the Aadhar card, email ID/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/contact number without prior permission of Trial Court; (g) 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. [10.0] 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 R/CR.MA/7416/2025 ORDER DATED: 10/07/2025 above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. [11.0] 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. [12.0] 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. [13.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 11/07/2025 14:58:58