R/CR.A/2150/2025 ORDER DATED: 04/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO. 2150 of 2025 ========================================================== AJAYBHAI @ JAID MAHESHBHAI RAJ Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. HARSHAD D BAROT(7287) for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2 MS. JYOTI BHATT, LD. ADDL. PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 04/09/2025 ORAL ORDER 1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State. 2. The present appeal is filed under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.11204068250241 of 2025 registered with the Vadtal Police Station, Kheda for the alleged offences as mentioned in the FIR. 3. Learned advocate appearing for the appellant has submitted that the appellant was arrested on 19.06.2025 and since then he is in jail. Learned advocate for the appellant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the appellant has submitted that the FIR came to be lodged against total three persons, out of which, except the R/CR.A/2150/2025 ORDER DATED: 04/09/2025 present appellant, both the co-accused have already been enlarged on bail. It is submitted that the role attributed to the present appellant is that he inflicted blow with the iron rod on the right leg and on the right hand thumb of the complainant, due to which, the complainant sustained fracture on his thumb. He has further submitted that, as per the case of the prosecution, there are in all total five offences have been registered against the present appellant, however, out of the said five offences, the appellant has already been acquitted in three offences. Under the circumstances, learned advocate for the appellant prays that the appellant may be enlarged on bail on any suitable terms and conditions. 4. The learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that there are total five antecedents against the present appellant. Moreover, the Muddamal iron rod used in the commission of crime, has also been recovered from the present appellant during the course of Recovery Panchnama. Thus, under the above stated facts and circumstances of the present case as well as considering the role attributed to the present appellant, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the appellant.. 5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the R/CR.A/2150/2025 ORDER DATED: 04/09/2025 investigation and considered the allegations levelled against the appellant and the role played by the appellant. This Court has also considered the following aspects; a) That the investigation has already been completed and charge-sheet has also been filed; b) That the other two co-accused persons have already been enlarged on bail; c) That the appellant is in jail since 19.06.2025; d) That, out of total five offences registered against the present appellant, he has already been acquitted in three offences; 7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40. 8. 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 appellant on regular bail. 9. Hence, the present appeal is allowed and the appellant is ordered to be released on regular bail in connection with the FIR being C.R. No.11204068250241 of 2025 registered with the Vadtal Police Station, Kheda, on executing a personal bond of R/CR.A/2150/2025 ORDER DATED: 04/09/2025 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 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 the State of Gujarat without prior permission of the Sessions Judge concerned; [e] 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.; [f] 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; 10. The authorities will release the appellant only if he 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. 11. 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. Page 4 of 5 R/CR.A/2150/2025 ORDER DATED: 04/09/2025 12. 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 appellant on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) VAHID Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/09/2025 14:34:48