R/CR.MA/20471/2024 ORDER DATED: 18/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 20471 of 2024 ========================================================== AJAYBHAI RAIDHANBHAI KUMBHARWADIA Versus STATE OF GUJARAT ========================================================== Appearance: MR CHIRAG H PAREKH(5249) for the Applicant(s) No. 1 MR RONAK RAVAL APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 18/07/2025 ORAL ORDER 1. Heard learned advocate for the applicant and learned APP for the respondent – State. 2. By this application filed under Section 439 of the Criminal Procedure Cide, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11213015201549 of 2020 registered with Gondal City Police Station, District Rajkot (Rural), for the offences punishable under Sections (1) & (2) of 3(1) and 3(2), 3(4), 3(5),4 and 23 of the Gujarat Control of Terrorism an Organized Crime GCTOC Act 2015 and Section 120(b) of the IPC. 3. Learned advocate for the applicant submitted that, the R/CR.MA/20471/2024 ORDER DATED: 18/07/2025 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. 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 04.03.2021; (ii) the investigation is over and the charge-sheet is filed though, it was alleged by the Learned APP that the present applicant has remained absconded R/CR.MA/20471/2024 ORDER DATED: 18/07/2025 for a period of 484 days and thereafter, he has surrender on his own. Considering the facts that the present applicant has remained absconded for a period of 484 days and now the trial is going on and 7 witnesses are examined. Considering the facts that another co accused namely Vijay Bhikhabhai Jadav who preferred an application being Criminal Misc application No.14701/2014 has been enlarged on regular bail vide order dated 13.08.2024 and therefore, learned advocate for the petitioner, has pressed into the service the ground of parity which is required to be considered. 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.11213015201549 of 2020 registered with Gondal City Police Station, District Rajkot (Rural) on executing personal bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with two sureties of the like amount to the satisfaction of the learned Trial Court and subject to the R/CR.MA/20471/2024 ORDER DATED: 18/07/2025 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 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 in the first week of every month till the trial is over; (g) not enter the districts of Rajkot, Surendranagar, and Morbi until the conclusion of the trial, except for the purpose of attending the court proceedings on the scheduled trial dates. 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 R/CR.MA/20471/2024 ORDER DATED: 18/07/2025 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) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 19/07/2025 10:44:27