R/CR.MA/14764/2025 ORDER DATED: 23/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO.14764 of 2025 ========================================================== BHARATKUMAR @ GURU @ BHANUPRATAPSINH @BIRMANANDAR@ BHARGAV JANI@BHARGAV JAIN Versus STATE OF GUJARAT ========================================================== Appearance: MR DAXAY D PATEL(6633) for the Applicant(s) No. 1 MR. MEET THAKKAR, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 23/07/2025 ORAL ORDER 1. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on regular bail in connection with FIR being CR. No.I-11218006240726 of 2024 registered with Kirtimandir Police Station, Porbandar. 2. Rule. Learned PP waives service of notice of Rule on behalf of the Respondent – State. 3. Heard learned Advocate appearing for the applicant. He has submitted that the applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in Jail for indefinite period. It is further contended that the applicant is ready and willing to abide by all the R/CR.MA/14764/2025 ORDER DATED: 23/07/2025 conditions that may be imposed by this Court if released on bail. 4. Per contra, learned APP has opposed the present application contending that the present applicant is having 7 other antecedents of similar nature. He further submitted that the applicant had actively participated in commission of the offence in question as the applicant was present in the car along with the other co-accused wherein the victim was abducted and threatened. He further submitted that the applicant had created forged Aadhaar Cards affixing his own photograph to show his identity and those Aadhaar Cards had been used for commission of the offence. Learned APP has, therefore, submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 5. Heard learned Advocates for the parties and perused the record. In the present offence, the investigation is over and charge-sheet has been filed. As per the case of prosecution, the victim was abducted in a car which was being driven by the present applicant. Subsequently, the car was taken at some lonely place where the victims were tied up and they were asked to deposit the money. The present applicant allegedly received some money through Angadiya at Rajasthan. Having regard to the nature of offence and allegations levelled against the applicant and also to the fact that the other co-accused have been considered for grant of bail, the application deserves consideration and hence the present application is hereby allowed. This Court has also considered the R/CR.MA/14764/2025 ORDER DATED: 23/07/2025 following aspects: (a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima- facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused. (b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away. (c) That the Applicant is in custody since 26.10.2024. (d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. reported in (2012) 1 SCC 40. 6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the applicant accused at the time of Trial etc. and the role attributed to the present applicant accused, the present application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The applicant accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall: R/CR.MA/14764/2025 ORDER DATED: 23/07/2025 (a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence; (b) maintain law and order and not to indulge in any criminal activities; (c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court; (d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court; (e) mark presence before the concerned Police Station once in a month for a period of six months between 11:00 a.m. and 2.00 pm; (f) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any; (g) not leave India without prior permission of the Trial Court; (h) surrender passport, if any, to the Trial Court within a week. If the applicant does not possess passport, shall file an Affidavit to that effect. 7. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for. Page 4 of 5 R/CR.MA/14764/2025 ORDER DATED: 23/07/2025 8. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being. 9. At the trial, the concerned trial Court shall not be influenced by the prima-facie observations made by this Court in the present order. 10. Rule is made absolute. Direct service permitted. (M. R. MENGDEY,J) RAVI OZA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 24/07/2025 16:57:14