R/CR.MA/15832/2025 ORDER DATED: 07/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 15832 of 2025 ========================================================== KAMABHAI @ KAMLSHBHAI DHIRABHAI ZOJUVADIYA Versus STATE OF GUJARAT ========================================================== Appearance: ARCHANABEN B GOSWAMI(8154) for the Applicant(s) No. 1 MR MAHENDRA U VORA(3034) for the Applicant(s) No. 1 MR BHARGAV PANDYA, APP for the Respondent No.1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 07/08/2025 ORAL ORDER 1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.11195050240645 of 2024 registered with Tharad Police Station, District:Banaskantha for the offences punishable under Sections 103(1) of the B.N.S. 2. Heard learned advocate Mr.Mahendra Vora appearing for the applicant and learned Additional Public Prosecutor Mr.Bhargav Pandya for the Respondent – State. 3. Learned Advocate for the Applicant has submitted that the present applicant has been arrested in connection with the present offence on 30.7.2024 and since then the applicant is in custody. Thus, the present applicant had completed one year in incarceration and there has been no progress in the trial. The prosecution has cited as many as 27 witnesses and, till today, only 2 witnesses have been examined. Having regard to the number of witnesses examined till today, there is no possibility of conclusion of trial in near future and prolonged R/CR.MA/15832/2025 ORDER DATED: 07/08/2025 incarceration of the present applicant would result into pretrial conviction. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions. 4. The application is opposed by learned APP for the respondent contending that the applicant has actively participated in commission of the offence in question. He therefore submitted to dismiss the present application. 5. This Court has considered the submissions canvassed by learned advocates for the parties and has also perused the material placed on record. At the outset it is required to be noted that earlier the applicant had filed Criminal Misc. Application No.411 of 2025 which was allowed to be withdrawn by this court vide order dated 9.1.2025. Thereafter, without approaching learned Sessions Court, the applicant had directly approached before this court by filing the present application. Learned advocate for the applicant is not in a position to show any change in circumstances after the withdrawal of the earlier application filed by the present applicant. 5.1 So far as the role attributed to the present applicant in commission of the offence is concerned, it is to the effect that the applicant had called the deceased to the place where he was done to death by the present applicant and the recovery of the weapon has also been effected at the behest of the present applicant. 6. Considering all these aspects, no case is made out to exercise discretion in favour of the applicant. The present Application is dismissed. (M. R. MENGDEY,J) Manshi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIN MANSI(HC01561), Private Secretary, at High Court of Gujarat on 07/08/2025 17:13:20