R/CR.MA/9895/2025 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 9895 of 2025 ========================================================== MOHMEDJAVED @ JABBO MOHMEDHANIF RANGREJ Versus STATE OF GUJARAT ========================================================== Appearance: MR TARIK M MANDLI(9482) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 12/09/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of rule for the respondent- State. [2.0] 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.11191014240122 of 2024 registered with Ellisbridge Police Station, Ahmedabad for the offences punishable under Sections 309(4), 311, 109, 54, 366(2)(3), 340(2), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and section135(1) of the GP Act and section 25(1)(a) Arms Act. [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and the allegations against the present applicant is that he is part of the conspiracy and abetted the offence. It is submitted that in connivance and in collusion with the co-accused, he has committed the offence. Further, till date, only two witnesses are examined and muddamal is yet to be produced before the Court and trial is R/CR.MA/9895/2025 ORDER DATED: 12/09/2025 prolonged and applicant is behind the bars since 17.07.2025 and conclusion of trial will take its own time and hence, on the ground of delay in trial, he has requested to grant regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application on the ground that prima facie involvement of the applicant is there as he had sprinkled chilli powder and thereafter by committing the theft of Activa and using anotehr number plate has committed the offence of robbery and also opened fire and even the applicant is having similar type of past antecedent. Therefore, discretion may not be exercised in his favour. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence. [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. Page 2 of 6 R/CR.MA/9895/2025 ORDER DATED: 12/09/2025 [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Earlier application was permitted to be withdrawn on 21.11.2024 with liberty in favor of the applicant to file fresh application after examination of material witnesses and if the trial do not progress substantially. Following aspects have been considered: (1) Investigation is over and charge-sheet is filed; (2) The offence is not punishable by life imprisonment or death penalty; (3) Nothing is required to be discovered or recovered from the applicant – accused; (4) Till date, only two witnesses are examined and hence, commencement and conclusion of trial will take its own time; (5) So far as past antecedent is concerned, accused is governed by presumption of innocence unless and until is proven guilty; (6) Even, similarly situated co-accused has been considered by this Court and hence, applicant is entitled to get the benefit of parity as per the law laid down by this Court in the case of Ramesh Batubhai Dabhi vs. State of Gujarat reported in 2011 (3) GLR 1150; (7) Considering the right to speedy justice as enshrined under Article 21 of the Constitution of India, in howsoever serious offence or under the special Act an accused is involved, on the ground of delay in trial, the accused is entitled to be released on bail. In this regard, reference is required to be made to the decision of the Hon’ble Supreme Court in the case of Mohd Muslim @ Hussain R/CR.MA/9895/2025 ORDER DATED: 12/09/2025 vs. State (NCT of Delhi) reported in AIR 2023 SC 1648 and Union of India vs. K.A. Najeeb reported in (2021) 3 SCC 713. [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 applicant 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 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.11191014240122 of 2024 registered with Ellisbridge Police Station, Ahmedabad on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one local solvent 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 R/CR.MA/9895/2025 ORDER DATED: 12/09/2025 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 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 address as well as contact number without prior permission of Trial Court; (g) not indulge in such type of illegal activity. If the applicant is found in such type of illegal activity, then, learned Sessions is directed to issue warrant and the concerned Investigating Officer shall have liberty to take the applicant in judicial custody; [9.0] 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 above conditions is committed, the Sessions Judge concerned 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 R/CR.MA/9895/2025 ORDER DATED: 12/09/2025 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 applicant on bail. [12.0] Rule is made absolute to the aforesaid extent. 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 12/09/2025 14:39:59