R/CR.MA/8072/2025 ORDER DATED: 23/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 8072 of 2025 ========================================================== SHOBHITSINGH MAHIPALSINGH THAKUR Versus STATE OF GUJARAT ========================================================== Appearance: MR TARUN H RAWAT(13044) for the Applicant(s) No. 1 MS VRUNDA C. SHAH, APP for the Respondent No.1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 23/04/2025 ORAL ORDER 1. Rule. Learned APP waives service of Rule on behalf of the Respondent State. 2. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11210015240104 of 2024 registered with DCB Police Station. Surat City. 3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State. 4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail. R/CR.MA/8072/2025 ORDER DATED: 23/04/2025 5. Per contra, learned APP has vehemently opposed the present application for grant of regular bail contending that the present applicant had prepared a forged medical certificate to help the other co-accused for obtaining temporary bail from this court and upon verification it was found that the certificate was forged and no such procedure was performed upon the other co-accused on the ground of which the temporary bail was sought. Learned APP therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 6. Heard learned advocates for the respective parties and perused the record. From the record it appears that the investigation is over and charge- sheet has been filed. As per the case of prosecution, the present applicant had prepared a forged medical certificate to enable the other co-accused to obtain a temporary bail from this court. Having regard to the nature of the offence and the allegations levelled against the present applicant, the application deserves consideration. 7. This court has considered the following aspects: (a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused. (b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away. (c) That the Applicant is in custody since 3.12.2024. (d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40. 8. Having heard the learned Advocates for the parties and perusing the R/CR.MA/8072/2025 ORDER DATED: 23/04/2025 record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that the applicant shall: (a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) maintain law and order and not to indulge in any criminal activities. (c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court. (d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court. (e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any. (f) 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.. (g) not leave India without prior permission of the Trial Court. Page 3 of 4 R/CR.MA/8072/2025 ORDER DATED: 23/04/2025 (h) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect. (i) not enter the areas of Surat City till the conclusion of trial except for attending the trial court. (j) shall not leave the territory of Gujarat without prior permission of the concerned trial court. 9. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for. 10. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being. 11. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 12. Rule is made absolute. Direct service permitted. (M. R. MENGDEY,J) Manshi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIN MANSI(HC01561), Private Secretary, at High Court of Gujarat on 23/04/2025 18:00:05