R/CR.A/2855/2024 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO. 2855 of 2024 ========================================================== CHOTHUBHAI @ GOGO SURABHAI BHARWAD Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VEDANT D GAIKWAD(10444) for the Appellant(s) No. 1 MS DIPMALA S DESAI(6596) for the Opponent(s)/Respondent(s) No. 2 MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/05/2025 ORAL ORDER 1. RULE. Learned APP waives service of rule for the respondent-State. 2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) for regular bail in connection with FIR being C.R. No.11184007241094 of 2024 registered with Naswadi Police Station, Chhota Udaipur for the offence under Sections 323, 504, 354(B), 376(2)(N) and 506(2) of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Sections 3(2)(v), 3(1) (r), 3(1)(s), 3(1)(w)(ii) and 3(1)(w)(i) of the Atrocity Act. 3. Learned Advocate appearing on behalf of the appellant submits that the appellant has nothing to do with the offence and he is falsely implicated in the offence. It is submitted that R/CR.A/2855/2024 ORDER DATED: 09/05/2025 the charge-sheet has been filed, and nothing remains to be recovered or discovered from the appellant. It is further submitted that, considering the nature of the offence, the appellant may be granted regular bail with the imposition of suitable conditions. 4. Learned APP appearing on behalf of the respondent-State and learned advocate for the complainant have opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present appeal may be dismissed. 5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an appeal for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. 6. I have heard the learned advocates appearing on behalf of R/CR.A/2855/2024 ORDER DATED: 09/05/2025 the respective parties and perused the investigation papers. Following aspects have been considered: (1) The appellant is in jail since 08.09.2024; (2) The investigation is over and charge-sheet is filed; (3) Now, nothing is required to be discovered or recovered from the accused and there is no possibility of the trial taking place in the near future; 7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present appeal deserves consideration. 8. In the facts and circumstances of the case and considering the nature of the allegations made against the appellant/s 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/s on regular bail. Hence, the present appeal is allowed. The appellants is/are ordered to be released on regular bail in connection with FIR being C.R. R/CR.A/2855/2024 ORDER DATED: 09/05/2025 No.11184007241094 of 2024 registered with Naswadi Police Station, Chhota Udaipur on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not leave the State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and present address of his 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 Trial Court; (g) not to contact with any witnesses directly or indirectly; (h) not to enter into the districts- Chhota Udaipur and Bharuchfor the period of six months. 9. The authorities will release the appellant/s only if he is not required in connection with any other offence for the time being. Page 4 of 5 R/CR.A/2855/2024 ORDER DATED: 09/05/2025 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. 10. 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. 11 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. 12. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 09/05/2025 15:35:11