R/CR.A/2052/2025 ORDER DATED: 25/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO. 2052 of 2025 ========================================================== MOHMED SAEED AKBARBHAI GULAMRASUL MANASIYA & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS. BHAVNA D ACHARYA(6406) for the Appellant(s) No. 1,2 MR. BHAUMIK P PATEL(7510) for the Opponent(s)/Respondent(s) No. 2 MR. HARDIK SONI APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 25/08/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat. 2. The present appeal is filed under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for regular bail in connection with the FIR being C.R. No.I-11217040250185 of 2025 registered with Vagdod Police Station, District: Patan for the offence punishable under Sections 189(2), 190, 191(2), 191(3), 115(2), 118(1), 74, 75(2), 76, 296(b), 351(3), 324(2), 310(2) & 333 of the Bharatiya Nyaya Sanhita, 2023, and under Section 135 of G.P. Act and under Sections 3(1)(w)(ii), 3(1) (w)(i), 3(1)(r), 3(1)(s), 3(1)(za) & 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. 3. Learned advocate Ms. Bhavna Acharya appears for the applicants submits that now the investigation is completed R/CR.A/2052/2025 ORDER DATED: 25/08/2025 and after submission of the chargesheet, the present appeal is preferred, and both the applicants were arrested on 20.05.2025 and 25.05.2025 respectively, and since then, they are in judicial custody. She further submits that FIR is filed against total 14 persons and other members of the mob, name of the present applicants are mentioned at serial nos.9 & 13 respectively. She further submits that as per the case of the prosecution, at the time of commission of crime, a mob of more than 400 persons had been gathered at the place occurrence, and admittedly, the present applicants were not holding any weapons in their hands at the time of occurrence of the incident, and recovery of the weapons were also not made at the instance of the present applicants during the course of investigation. She further submits that if Hon'ble court would make cursory glance upon the charge of accusations levelled in the body of the FIR, in that event, it could be found out that applicants herein have not actively participated in commission of crime, and they have not inflicted any blows upon the body of the complainant as well as other witnesses. Considering the role attributed to the applicants at the time of commission of crime and factual position of law that investigation has already been concluded and chargesheet has already been submitted, other co-accused persons have already been enlarged on bail, and it would take considerable long period of time to conclude proceedings of trial as number of persons have been cited as witnesses at the time of submission of chargesheet by the investigating officer, present appeal may be allowed. She further submits that there are no R/CR.A/2052/2025 ORDER DATED: 25/08/2025 antecedents against the present applicants. She further submits that all of a sudden the so-called incident has occurred wherein offences are registered against number of persons. She further submits that there is no role in beating or scolding the complainant or any of the witnesses of the present applicants are mentioned. 4. It is, therefore, urged that considering the nature of the offence and the period of incarceration, the appellants may be enlarged on regular bail by imposing suitable terms and conditions. 5. Learned APP Mr. Soni for the respondent-State has strongly opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the role of the present appellants is clearly spelt out from the papers of the chargesheet and, hence, this appeal may not be entertained. 6. Learned advocate Mr. Bhaumik Patel has also adopted the arguments advanced by the learned APP and submitted that involvement of applicants in commission of crime is clearly spelt out, and therefore, this appeal may not be entertained. 7. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 8. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the appellants and the role played by the appellants. It is found out from the record that the present appeal is preferred after submission of the chargesheet and now the investigation is completed and both the appellants R/CR.A/2052/2025 ORDER DATED: 25/08/2025 are in jail since 20.05.2025 and 25.05.2025 respectively. I have considered the role attributed to the present appellants at the time of commission of crime, which prima- facie suggests that there is no role of the present applicants in beating or scolding the complainant or any of the witnesses as well as there is no specific allegation against the present applicants to insult or humiliate the complainant or any witnesses about their caste. It further transpires that at the time of commission of crime, a mob of more than 400 persons had been gathered at the place occurrence, and admittedly, the present applicants were not holding any weapons in their hands at the time of occurrence of the incident, and recovery of the weapons were also not made at the instance of the present applicants during the course of investigation. It further prima-facie transpires that the applicants herein have not actively participated in commission of crime as they have not inflicted any blows upon the body of the complainant as well as other witnesses. It also transpires from the record that the investigation has already been concluded, chargesheet has already been submitted, other co-accused persons have already been enlarged on bail, and it would take considerable long period of time to conclude proceedings of trial as number of persons have been cited as witnesses at the time of submission of chargesheet by the investigating officer. Therefore considering the above factual aspects, the present appeal deserves to be allowed. 9. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported R/CR.A/2052/2025 ORDER DATED: 25/08/2025 in [2012] 1 SCC 40 as well as in case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51. 10. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the appellants on regular bail. 11. Hence, the present appeal is allowed. The appellants are ordered to be released on regular bail in connection with the FIR being C.R. No.I-11217040250185 of 2025 registered with Vagdod Police Station, District: Patan on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 concerned court within a week; [d] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [e] not leave the State of Gujarat without prior permission of the concerned court; [f] not to enter into the revenue limits of the Taluka: Saraswati, District Patan without prior permission of R/CR.A/2052/2025 ORDER DATED: 25/08/2025 the trial court for the period of 12 months except for the purpose of marking presence before the concerned police station and attending the court proceedings. [g] furnish the present 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 this Court; 12. The authorities will release the appellants 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 concerned 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 above conditions, in accordance with law. 13. At the trial, the 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 appellants on bail. 14. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) AMIT ITALIAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIT DAHYABHAI ITALIAN(HCW0112), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 28/08/2025 14:52:29