R/CR.MA/19163/2024 ORDER DATED: 20/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGE-SHEET) NO.19163 of 2024 ========================================= NILESH PITAMBER BAHERA Versus STATE OF GUJARAT ========================================= Appearance : MR SATYAM CHHAYA WITH MR NISHIT H SHAH & MR. WASIM M PATHAN for the Applicant. MR RONAK RAVAL, APP for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 20/06/2025 ORAL ORDER 1. Heard learned advocate for the applicant and learned APP for the respondent – State. 2. By this second successive application filed under Section 489 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11210002220107 of 2022 registered with Sachin GIDC Police Station, District Surat for the offences punishable under Sections 304, 336, 337, 338, 284, 277, 278, 120(B), 465, 467, 468 and 471 etc. of the IPC and under Section 15 of the Environment Protection Act. 3. Learned advocate for the applicant submitted 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. Page 1 of 5 R/CR.MA/19163/2024 ORDER DATED: 20/06/2025 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 9.1.2022; (ii) the investigation is over and the charge-sheet is filed; (iii) though the applicant is behind bar since around three and half years, according to learned APP upon a specific query from the Court, the charge has not yet been framed. However, learned APP states that the reason behind non-framing of charge is that discharge applications filed by some of the co-accused are pending. (iv) According to learned advocate Mr. Satyam Chhaya for the applicant, he tendered a chart showing co-accused who are enlarged on bail and, therefore, on the ground of long incarceration as well as on the ground of parity. As per the details of the chart, co-accused (1) Vijaybhai D. Dobariya is enlarged on bail vide order dated R/CR.MA/19163/2024 ORDER DATED: 20/06/2025 7.3.2022 passed by learned 5th Additional District Judge, Surat in Criminal Misc. Application No.553 of 2022, (2) Ramanbhai B. Bariya is enlarged on bail vide order dated 7.3.2022 passed by learned 5th Additional District Judge, Surat in Criminal Misc. Application No.418 of 2022, (3) Saurabhbhai P. Gabani is enlarged on bail vide order dated 7.3.2022 passed by learned 5th Additional District Judge, Surat in Criminal Misc. Application No.554 of 2022, (4) Samir Jay Hiremath is enlarged on bail vide order dated 24.3.2022 passed by learned 5th Additional District Judge, Surat in Criminal Misc. Application No.2968 of 2022, (5) Machindranath M. Gohre is enlarged on bail vide order dated 16.3.2022 passed by the coordinate Bench of this Court in Criminal Misc. Application No.4759 of 2022, (6) Mansuk G. Patel is enlarged on bail vide order dated 16.3.2022 passed by the coordinate Bench of this Court in Criminal Misc. Application No.4769 of 2022, (7) Abhay S. Dandekar is enlarged on bail vide order dated 16.3.2022 passed by the coordinate Bench of this Court in Criminal Misc. Application No.4793 of 2022, (8) Vishal @ Chhotu Anilkumar Yadav is enlarged on bail vide order dated 17.5.2024 passed by learned 2nd Additional District Judge, Surat in Criminal Misc. Application No.3258 of 20224, (9) Parshuram Shree Satya Narayanmurti Chavakula is enlarged on bail vide order dated 24.3.2022 passed by learned 5th Additional District Judge, Surat in Criminal Misc. Application No.1624 of 2022, (10) Jayprakash @ Guddu R. Tomar is enlarged on bail vide order dated 4.4.2024 passed by the coordinate Bench of this Court in Criminal Misc. R/CR.MA/19163/2024 ORDER DATED: 20/06/2025 Application No.4769 of 2022, (11) Sandeep S/o. Omprakash Gupta is enlarged on bail vide order dated 6.9.2024 passed by the coordinate Bench of this Court in Criminal Misc. Application No.11648 of 2024, (12) Surendrasing Jitendrasing is enlarged on bail vide order dated 30.9.2024 passed by the coordinate Bench of this Court in Criminal Misc. Application No.18608 of 2024, (13) Vaidprakash @ Laxmi Jagmohansinh Kushwaha is enlarged on bail vide order dated 30.9.2024 passed by the coordinate Bench of this Court in Criminal Misc. Application No.18662 of 2024. (v) According to learned advocate Mr. Satyam Chhaya, there are 27 witnesses to be examined and ultimately, the trial has not even commenced and charge is also not framed and the aforesaid facts could not be disputed by learned APP Mr. Ronak Raval; 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.11210002220107 of 2022 registered with Sachin GIDC Police Station, District Surat 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; R/CR.MA/19163/2024 ORDER DATED: 20/06/2025 [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 Gujarat 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 twice 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 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) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/06/2025 16:55:24