R/CR.A/2163/2025 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO. 2163 of 2025 ========================================================== JATIN VRIJLAL JOITARAM ATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: DIPAK N JOSHI(1689) for the Appellant(s) No. 1 MR NILESHKUMAR H PIPALIYA(11747) for the Appellant(s) No. 1 HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 2 PARAS K SUKHWANI(8284) for the Opponent(s)/Respondent(s) No. 2 MR. HARDIK SONI, LD. ADDL. PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 12/09/2025 ORAL ORDER 1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State and learned advocate Mr. Paras Sukhvani waives service of notice of rule for and on behalf of the respondent No.2-original complainant. 2. The present appeal is filed under Section14-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.11191037250626 of 2025 registered with the Odhav Police Station, Ahmedabad for the alleged offences as mentioned in the FIR. 3. Learned advocate appearing for the appellant has submitted that the appellant-accused was arrested on 28.05.2025 and since then he is in jail. Learned advocate for R/CR.A/2163/2025 ORDER DATED: 12/09/2025 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 on 10.04.2025 for the incident alleged to have been taken place during the period between 22.02.2024 and 10.04.2025, and as such, there is delay of one year in registering the FIR. Moreover, the matter has already been amicably settled between the complainant and the main accused and an amount of Rs.39 Lakh has already been handed over to the complainant. Learned advocate for the appellant has also submitted that the entire case of the prosecution hinges upon documentary evidence and all those documents have already been collected by the investigating officer. He has submitted that the present appellant has not gained any monetary benefit out of the alleged transaction. Moreover, the present appellant does not have any past antecedents. 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 considering the role attributed to the appellant-accused, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the appellant-accused. 5. Learned advocate Mr. Sukhvani appearing for the original complainant has also opposed the present appeal and submitted that the present appellant has been named in the R/CR.A/2163/2025 ORDER DATED: 12/09/2025 FIR along with his specific role, and therefore, considering the role attributed to the present appellant, he may not be enlarged on bail. 6. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order. 7. 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 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 present appellant is in jail since 28.05.2025; c) That there is a delay of one year in registering the FIR; d) That the matter has already been settled with the complainant and the main accused, and an amount of Rs.39 Lakh has been handed over to the complainant; e) That the present appellant has not gained any monetary benefits out of the alleged transaction; f) That the appellant does not have any past antecedents; 8. 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. Page 3 of 5 R/CR.A/2163/2025 ORDER DATED: 12/09/2025 9. 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. 10. 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.11191037250626 of 2025 registered with the Odhav Police Station, Ahmedabad, 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 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; R/CR.A/2163/2025 ORDER DATED: 12/09/2025 11. 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. 12. 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 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 12/09/2025 18:31:35