R/CR.MA/11045/2025 ORDER DATED: 01/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 11045 of 2025 ========================================================== RAJNIKANT MOHANBHAI VACHANI Versus STATE OF GUJARAT ========================================================== Appearance: MR PP MAJMUDAR with MR PS DATTA(11324) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 01/08/2025 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 Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11203030240786 of 2024 registered with Keshod Police Station, District Junagadh for the offences punishable under Sections 64(2)(f), 61(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Further, similarly situated co-accused are enlarged on bail. He has further submitted that though the charge is framed, yet till date trial has not begun and applicant is in custody since 25.10.2024 and even otherwise the commencement of trial will take its own time and therefore, on the ground of delay in trial, he has requested to enlarged the applicant 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 R/CR.MA/11045/2025 ORDER DATED: 01/08/2025 application for regular bail on the ground that admittedly the applicant has participated in the offence and if released on bail, tampering of evidence cannot be ruled out and even the applicant is having one past antecedent. She has therefore requested to dismiss the present application. [5.0] I have heard the learned advocates appearing for the respective parties at length. [6.0] Perusing the investigation papers it appears that the applicant is facing charge for the offence under Sections 64(2)(f), 61(2) and 351(3) of the BNS however, at the same time the Court has to consider that applicant is behind the bars since 25.10.2024. Perusing the report 30.07.2025 submitted by the learned Additional Sessions Judge, Junagadh, it appears that case is committed to the Court of Additional Sessions Judge on 20.03.2025 and charge is framed on the same day and case is registered as Sessions Case No.03/2025 and is pending for further evidence of prosecution. Hence, it appears that obviously commencement and conclusion of trial will take its own time and therefore, 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. Hence, without discussing further on merits of the case, present application deserves consideration on the following grounds: (1) Applicant is behind the bars since 25.10.2024; (2) As the investigation is over and charge-sheet is filed, nothing is required to be recovered or discovered from the applicant; (3) Though charge is framed way back on 20.03.2025, till date the trial is not started; (4) So far as apprehension of the learned APP that applicant may tamper with the evidence is concerned, it can be taken care of by imposing stringent condition; (5) Similar situated co-accused are enlarged on bail; R/CR.MA/11045/2025 ORDER DATED: 01/08/2025 (6) Though applicant is having one past antecedent but is governed by the presumption of innocence unless proven guilty and it cannot be a ground to refuse regular bail to the applicant; (7) Even, as per the decision of the Hon’ble Supreme Court in the case of Mohd Muslim @ Hussain 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, in light of the settled proposition of law, without further discussing anything on merits, mainly on the ground of delay in trial, present application deserves consideration. [7.0] 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. [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 R/CR.MA/11045/2025 ORDER DATED: 01/08/2025 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. [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 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.11203030240786 of 2024 registered with Keshod Police Station, District Junagadh 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 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 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 till the trial is over between 11.00 a.m. and 2.00 p.m.; (f) furnish Aadhar Card number, contact number, e-mail ID (if any) and the 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 same without prior permission of Trial Court; (g) not to enter District Junagadh till the victim and other material witnesses are examined except for marking presence before the concerned police station or for attending the R/CR.MA/11045/2025 ORDER DATED: 01/08/2025 Court and in case of breach of said condition, learned trial Court shall be at liberty to issue warrant against 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 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.) 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 01/08/2025 14:54:37