R/CR.MA/15871/2025 ORDER DATED: 07/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 15871 of 2025 ===================================================== JAYESH @ MONTU KAMLESHJI THAKOR Versus STATE OF GUJARAT ===================================================== Appearance: MR D A CHAUDHARI(3264) for the Applicant(s) No. 1 MR VIRAT G POPAT(3710) for the Applicant(s) No. 1 MR TRUPESH KATHIRIYA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ===================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 07/08/2025 ORAL ORDER 1. Heard learned advocate for the applicant and learned APP for the respondent – State. 2. By this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11206045250171 of 2025 dated 14.03.2025 registered with Mehsana City 'B' Division Police Station, District: Mehsana for the offences punishable under Sections 118(2), 115(2), 54, 109(1) of the Bharatiya Nyay Sanhita, 2023 and Section 135 of G. P. Act. 3. Learned advocate for the applicant submitted R/CR.MA/15871/2025 ORDER DATED: 07/08/2025 that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions. 4. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :- (i) the applicant is in jail since 26.04.2025 (ii) the investigation is over and the charge- sheet is filed; (iii) it is alleged that the present applicant has given kick and fist blows. However, the victim is survive after hospitalization. (iv) it is submitted by learned advocate Mr. Page 2 of 5 R/CR.MA/15871/2025 ORDER DATED: 07/08/2025 Virat Popat that the accused person who has allegedly given knife blows viz. Mukeshbhai Shankarbhai Bababhai Chaudhari has been considered by Co-ordinate Bench of this Court vide order dated 29.07.2025 in Criminal Misc. Application No. 13894 of 2025 and as his role is graver than the applicant, the present applicant case is required to be considered for regular bail and the aforesaid facts could not be disputed by learned APP; (v) According to learned APP there are certain antecedents against the present applicant but according to learned advocate Mr. Popat baring one case in on other cases, the present applicant has already been acquitted or upon payment of fine, the aforesaid cases are disposed of as the same were in respect of minor offence. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11206045250171 of 2025 dated 14.03.2025 registered with Mehsana City 'B' Division Police R/CR.MA/15871/2025 ORDER DATED: 07/08/2025 Station, District: Mehsana on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned 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 lower court within a week; [d] not leave India without prior permission of the Sessions Judge concerned; [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; [f] mark his presence before the concerned police station in the first week of every month till the trial is over; 7. The Authorities will release the applicant only if the applicant is 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned R/CR.MA/15871/2025 ORDER DATED: 07/08/2025 Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned 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 applicant on bail. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) Pallavi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 07/08/2025 17:31:10