R/CR.MA/9247/2025 ORDER DATED: 08/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 9247 of 2025 ========================================================== PATHABHAI @ PATHUBHAI LAKHABHAI MAKWANA Versus STATE OF GUJARAT ========================================================== Appearance: MR SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1 MR PRANAV DHAGAT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/05/2025 ORAL ORDER [1.0] RULE returnable forthwith. Learned APP waives service of notice for the respondent-State. [2.0] By way of the present successive application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant accused has prayed to release him on regular bail in the event of his arrest in connection with the FIR being C.R. No.11211045240337 of 2024 registered with Sayla Police Station, District Surendranagar for the offences punishable under Sections 115(2), 118(1), 117(2), 54, 329(3), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and section 135 of the Gujarat Police Act. [3.0] Earlier application being Criminal Misc. Application No.20844/2024 was not pressed vide order dated 18.10.2024 as the Court was not inclined to grant regular bail to the applicant. Even thereafter, the applicant again moved this Court for successive bail by way of filing Criminal Misc. Application No.2352/2025 which was also not entertained and disposed of as not pressed vide order dated R/CR.MA/9247/2025 ORDER DATED: 08/05/2025 05.02.2025. The applicant has again moved the present successive application for the third time without there being any change in circumstances. [4.0] Heard learned advocate for the applicant and learned APP for respondent – State of Gujarat. [5.0] From the record, it appears that present successive application seeking regular bail is filed after passage of only two months from the date of disposal of earlier application on 05.02.2025 without there being any change in circumstances. [6.0] Herein, the complainant has supported the case of prosecution and even the eye-witnesses and other material witnesses are yet to be examined and obviously appreciation of evidence is not permissible however, considering the seriousness of offence and the applicant having similar nature of body related offences, this Court is of the considered opinion that if the present applicant is released on bail, he could potentially obstruct the prosecution case. Hence, this Court is not inclined to entertain the present successive application and same is accordingly dismissed. Rule is hereby discharged. [7.0] The learned trial Court is directed to expedite the trial as the applicant is an under-trial prisoner. (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 08/05/2025 18:11:52