R/CR.MA/12180/2025 ORDER DATED: 08/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGE-SHEET) NO.12180 of 2025 ========================================= GANESHGIRI MAHANGIRI BHARDWAR Versus STATE OF GUJARAT ========================================= Appearance : K T BELADIYA for the Applicant. MR TRUPESH KATHIRIYA, APP for the Respondent. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 08/08/2025 ORAL ORDER 1. Heard learned advocate for the applicant and learned APP for the respondent – State. 2. By this application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant is seeking release on regular bail in connection with the FIR being C.R. No.I-199/2018 with KOSAMBA POLICE STATION, SURAT (RURAL) for the offence punishable under Sections 394, 302, 120(B) of the Indian Penal Code. 3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions. 4. On the other hand, learned APP appearing for the respondent R/CR.MA/12180/2025 ORDER DATED: 08/08/2025 – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :- (i) the applicant is in jail since 23.01.2019; (ii) the investigation is over and the charge-sheet is filed; (iii) It was argued by learned advocate Mr. Beladiya that upon withdrawal of the earlier bail application of the applicant being Criminal Misc. Application No.11762 of 2022 which was withdrawn vide order dated 10.10.2022, co-accused, namely, Premnath @ Pintu Rambharat Upadhyay has been considered and enlarged on bail vide order dated 14.2.2025 passed by the coordinate Bench of this Court in Criminal Misc. Application No.20444 of 2024 and the role of the present applicant is identical to that of role attributed to the said accused, Premnath @ Pintu, on the ground of parity, the case of the applicant requires consideration. (iv) Learned Advocate for the applicant submitted that co- accused, who had given tip for committing the offence of loot, has been enlarged. (v) Learned Advocate for the applicant submitted that only antecedent cited against the applicant, the applicant R/CR.MA/12180/2025 ORDER DATED: 08/08/2025 has been acquitted. (vi) Learned Advocate for the applicant submitted that only connecting evidence is presence of finger print of the applicant on the stolen machinery, otherwise offence is based on circumstantial evidence. (vii) Learned Additional Public Prosecutor though tooth and nail objected to grant of the present bail application, however, under the instructions of the Investigating Officer who is present in the Court is unable to bring on record any special circumstances against the applicant. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.I- 199/2018 with KOSAMBA POLICE STATION, SURAT (RURAL) on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 injuries 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 lower court within a week; [d] not leave State of Gujarat without prior permission of the Sessions Judge concerned; R/CR.MA/12180/2025 ORDER DATED: 08/08/2025 [e] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; [f] mark his 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. till the trial is over; 7. The Authorities will release the applicant only if the applicant 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. Bail bond to be executed before the learned 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. At the trial, learned 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. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/08/2025 15:31:18