R/CR.A/2495/2025 ORDER DATED: 30/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - BEFORE CHARGESHEET) NO. 2495 of 2025 ========================================================== MAVJIBHAI LALJIBHAI SALASARA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR LAXMANSINH M ZALA(5787) for the Appellant(s) No. 1,2,3 MR ROHAN SHAH, APP for the Respondent(s) No. 1 MR MOHITSINH A JADEJA for the Respondent No.2 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 30/09/2025 ORAL ORDER 1. Rule. Learned APP Mr. Rohan Shah and learned advocate Mr. Mohitsinh A. Jadeja waive service of notice of Rule for respondent No.1 – State and respondent No.2 – original First Informant, respectively. 2. By way of this appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellants are seeking to release them on regular bail in connection with the FIR being C.R.No.11211010250255 of 2025 registered with Chuda Police Station, District Surendranagar for the offences punishable under the provisions of the Bharatiya Nyaya Sanhita, Gujarat Money R/CR.A/2495/2025 ORDER DATED: 30/09/2025 Lenders Act as well as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 3. Learned advocate Mr. Laxmansinh Zala for the appellants submits that as per the case of the prosecution, the so-called incident is occurred during the period between 18.01.2025 to 20.08.2025, whereas, FIR is registered on 21.08.2025 against total 5 persons, wherein, names of the appellant are mentioned at serial Nos. 3, 4 and 5, respectively. He further submits that it is the specific case of the prosecution that deceased had borrowed money from the accused persons with 10% monthly interest and deceased used to regularly pay the amount of interest as well as installment to the accused persons but after lapse of certain period, he could not be able to make the payment of interest as well as installment to the accused persons, due to which, the accused persons had administered threat, which ultimately led the deceased to depression and in that frustrated state of mind, he consumed some poisonous substance, due to which, he succumbed. He further submits that one diary was found from the pocket of the deceased, wherein, the names of the appellants are mentioned, based on which, appellants have been arraigned as accused. He R/CR.A/2495/2025 ORDER DATED: 30/09/2025 further submits that in fact as per the case of the prosecution, deceased had borrowed money from different persons and as he could not be able to make the payment of installment within the time framed schedule, he went into depression and in ultimately took the decision of committing suicide. He further submits that for the purpose of invocation of charge of Section 108 of the BNS Act, certain basic, requisite and essential ingredients are required to be established and prima facie those basic and requisite ingredients are not fulfilled in the instant case. He further submits that in fact appellants herein were not at all in contact with the deceased at the time when the deceased had committed suicide and therefore there was no proximate link available on record which connects the appellants with the commission of crime. He further submits that during the pendency of the present proceedings, matter is amicably settled between the parties and complainant is also remained present in the Court and he has also filed an affidavit, specifically stating that the matter is amicably settled between them and he has no objection if the appellants are enlarged on bail. Therefore, looking to aforesaid overall facts of the present case, the appellants are required to be enlarged on regular bail by imposing suitable R/CR.A/2495/2025 ORDER DATED: 30/09/2025 terms and conditions. 4. On the other hand, learned APP appearing for the respondent – State has vehemently opposed this appeal and submitted that exorbitant amount of interest is collected by the accused persons from the deceased and after some time when deceased could not be able to make the payment of installment, all the accused persons have administered threat to the deceased, which ultimately led him to commit suicide. He further submits that appellants are not having any license to lend money, in spite of that, they lent money to the deceased with high monthly interest of 10%. He further submits that one diary is recovered from the pocket of the deceased, wherein, the names of the accused persons including the appellants were found. Therefore, looking to the aforesaid facts, the Hon'ble Court may not exercise its discretion in favour of the appellant. 5. Learned advocate Mr. Jadeja for the respondent No.2 – original complainant has submitted that matter is amicably settled between the parties and complainant is present in the Court. He has identified the complainant and his signature. He submits that complainant has also filed an affidavit specifically stating R/CR.A/2495/2025 ORDER DATED: 30/09/2025 that the matter is amicably settled between the parties and therefore if the appellants are enlarged on bail, he has no objection. 6. 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 appellants on regular bail. This Court has considered the following facts while exercising discretion in favour of the appellants :- (i) the appellants are in jail since 24.08.2025; (ii) the investigation is virtually over; (iii)prima facie, there is no proximate link available on record which connects the appellants with the commission of crime. (iv) during the pendency of the present proceedings, matter is amicably settled between the parties and complainant has filed an affidavit to that effect specifically stating that if the appellants are enlarged on bail, he has no objection; 7. 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 appellants on regular bail. Hence, present R/CR.A/2495/2025 ORDER DATED: 30/09/2025 appeal is allowed and the appellants are ordered to be released on regular bail in connection with the FIR being C.R.No.11211010250255 of 2025 registered with Chuda Police Station, District Surendranagar on executing personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety of the like amount to the satisfaction of the learned 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 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 their presence before the concerned Police Sation in the first week of every month till the trial is over; 8. The Authorities will release the appellants only if the appellants are not required in connection with any other offence for the time being. If breach of any of the above conditions R/CR.A/2495/2025 ORDER DATED: 30/09/2025 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 Court concerned 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 appellant on bail. 9. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) LAVKUMAR J JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LAVKUMAR JAYANTBHAI JANI(HC00210), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 30/09/2025 15:16:55