R/CR.MA/17030/2025 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR SUCCESSIVE REGULAR BAIL - BEFORE CHARGESHEET) NO. 17030 of 2025 ========================================================== DHARMENDRAKUMAR RAMAVATAR MISHRA Versus STATE OF GUJARAT ========================================================== Appearance: MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1 MR LB DABHI APP for the Respondent ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 12/09/2025 ORAL ORDER 1. The applicant, by way of this application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, seeks regular bail in connection with the FIR being C.R. No. 11214008212135 of 2021 registered with Bardoli Police Station, Surat, for the offences punishable under Section 302 of IPC. 2. It is the submission of learned counsel for the applicant that he is suffering confinement since 30.11.2021 and the material witnesses have turned hostile and there is no possibility of completion of trial proceedings in a reasonable time and therefore, having regard to the evidence on record and delay in trial proceedings, the applicant may be enlarged on bail. Page 1 of 4 R/CR.MA/17030/2025 ORDER DATED: 12/09/2025 3. Learned APP has opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of the applicant. 4. Having heard the learned counsel for the respective parties and upon perusal of the material placed on record, it appears that, this successive bail application being filed after recording the evidence of only eye-witness Vinod Devipujak. The witness has declared hostile and did not support the case of the prosecution. According to prosecution case, on 27.11.2021, the dispute arose with the deceased Ganesh Prasad, as the deceased had to pay Rs.3000/- to the accused, which he was avoiding, as a result, the applicant took the stone from the place of occurrence and caused injuries on the head of the deceased. In such circumstances, after filing chargesheet, the applicant was put on trial. As discussed hereinabove, the sole eye-witness turned hostile. The custody is more than 3 years and the possibility of completion of trail proceedings in a reasonable time is seems to be remote and/or bleak. Thus, I am inclined to discretion in favour of the applicant. Hence, present application is allowed. 5. Hence, the applicant is ordered to be released on regular bail in connection with the FIR being C.R. R/CR.MA/17030/2025 ORDER DATED: 12/09/2025 No. 11214008212135 of 2021 registered with Bardoli Police Station, Surat, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall: No. Conditions (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 lower court within a week; (d) not leave Surat without prior permission of the Sessions Judge concerned till completion of trial; (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; 6. The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court R/CR.MA/17030/2025 ORDER DATED: 12/09/2025 having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted. (ILESH J. VORA,J) P.S. JOSHI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 12/09/2025 16:49:45