R/CR.MA/15425/2025 ORDER DATED: 01/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 15425 of 2025 ========================================================== MAHESHBHAI MEVARAM RAJPUT (KHADAKVANSHI) & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR ABID R PATHAN(11217) for the Applicant(s) No. 1,2 MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 01/08/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State. 2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11192020250352 of 2025 registered with Dholka Town Police Station, District Ahmedabad. 3. Learned advocate for the applicants has submitted that considering the nature of offence and role attributed to the applicants, the applicants may be enlarged on regular bail by imposing suitable conditions. 4. The learned APP appearing for the respondent State has vehemently submitted that the present applicants were R/CR.MA/15425/2025 ORDER DATED: 01/08/2025 carrying the country made pistol with him at the time of commission of offence and though, it was inquired as regards the procurement as to from which place said weapon had been procured by the present applicants, no information has been furnished by the present applicants in that regard. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicants, no discretion is required to be exercised. 5. I have heard learned advocates appearing for the parties and perused the material available on record. The investigation of the present offence is over and the Charge- sheet has been filed. As per the case of prosecution, the applicants along with the other co-accused had entered the shop of first information and had tried to commit loot of valuable muddamal articles. The applicants were also carrying country made pistol at the time of incident. The applicants do not appear to be having other antecedents. Having regard to the same, the present application deserves to be allowed. 6. This court has also considered the 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 applicants accused at the time of trial and tampering and hampering with the R/CR.MA/15425/2025 ORDER DATED: 01/08/2025 witnesses by the accused. (b) That the learned Advocate for the applicants has submitted that the applicants Accused are not likely to flee away. (c) That the applicants are in custody. (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. 7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail. Hence, the application is allowed and the applicants are ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (EACH) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that; (a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) shall maintain law and order and not to indulge in any criminal activities. (c) shall furnish the documentary proof of complete, R/CR.MA/15425/2025 ORDER DATED: 01/08/2025 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 residence without prior permission of the trial Court. (d) shall 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) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any. (f) shall not leave India without prior permission of the Trial Court (g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect. (h) shall 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 p.m. 8. The authorities concerned shall release the applicants only if they are 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 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 R/CR.MA/15425/2025 ORDER DATED: 01/08/2025 above conditions in accordance with law. 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 made absolute to the aforesaid extent. Direct service is permitted. (M. R. MENGDEY,J) NABILA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 02/08/2025 13:12:21