R/CR.A/1677/2025 ORDER DATED: 21/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO. 1677 of 2025 ========================================================== LALUBHA HEMUBHA MORI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VICKY B MEHTA(5422) for the Appellant(s) No. 1 DS AFF.NOT FILED (N) for the Opponent(s)/Respondent(s) No. 2 MR NIRAJ SHARMA, APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 21/07/2025 ORAL ORDER Leave to correct name of the applicant. 1. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat. 2. The present appeal is filed under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for regular bail in connection with the FIR being C.R. No.11211031250150 of 2025 registered with Limbadi Police Station, Surendranagar for the offence punishable under Sections 115(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r) (s), 3(1)(s) and 3(2)(5) of the Scheduled Castes & R/CR.A/1677/2025 ORDER DATED: 21/07/2025 Scheduled Tribes (Prevention of Atrocities) Act and under Section 135 of G.P. Act. 2. Learned advocate Mr.Vicky Mehta, appearing on behalf of the applicant, submits that present application is filed after submission of chargesheet. He submits that investigation has already been concluded and applicant is arrested on 05.05.2025 and since then, he is in judicial custody. Learned advocate Mr.Vicky Mehta submits that the injured victim has already been discharged from the hospital and he is now out of danger. He submits that, there is one antecedent against the applicant. Considering the role attributed by the present applicant at the time of commission of crime he may be enlarged on regular bail by imposing suitable terms and conditions. 3. Learned Assistant Public Prosecutor Mr.Niraj Shrama, has strongly objected present application with a vehemence and submitted that, the condition of the injured victim is hale and hearty and he has already been discharged from the hospital but he has sustained very R/CR.A/1677/2025 ORDER DATED: 21/07/2025 serious and severe injury. Considering the factual aspects as well as role attributed by the applicant at the time of commission of offence application of applicant may not be entertained. 5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the appellant and the role played by the appellant. It is found out from the record that the present appeal is preferred after submission of the chargesheet and now the investigation is completed and the appellant is in jail since 05.05.2025. I have considered the role attributed to the present appellant at the time of commission of crime. It is found out from the record that the injured victim has already been discharged from the hospital and he is now out of danger. Therefore R/CR.A/1677/2025 ORDER DATED: 21/07/2025 considering the above factual aspects, the present appeal deserves to be allowed. 7. 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 case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51. 8. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant 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 appellant on regular bail. 9. Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with the FIR being C.R. No.11211031250150 of 2025 registered with Limbadi Police Station, Surendranagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen R/CR.A/1677/2025 ORDER DATED: 21/07/2025 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 injuries to the interest of the prosecution; [c] surrender passport, if any, to the concerned court within a week; [d] not leave the State of Gujarat without prior permission of the concerned court; [e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish the present 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 this Court; R/CR.A/1677/2025 ORDER DATED: 21/07/2025 [g] Not to enter into Surendranagar District, till conclusion of trial, except for marking presence as also have attending Court proceedings. 10. The authorities will release the appellant 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 concerned Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. 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. 11. 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 appellant on bail. 13. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) KKN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 24/07/2025 11:13:14