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2025 DAILYLAW 6941 (GUJ)

RAVINDRASINH AJITSINH RANA v. STATE OF GUJARAT

CR.MA/25097/2025 · 2025-12-02

Nikhil S Kariel

body2025

Judgment text

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R/CR.MA/25097/2025 ORDER DATED: 02/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 25097 of 2025 ======================================================== RAVINDRASINH ARJITSINH RANA Versus STATE OF GUJARAT ======================================================== Appearance: A R SHAH(7768) for the Applicant(s) No. 1 MR LB DABHI ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ======================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 02/12/2025 ORAL ORDER 1. Learned Advocate Mr. A.R. Shah on behalf of the applicant submits that he may be permitted to amend the cause title more particularly submitting that the present applicant is Ravindrasinh Ajitsinh Rana whereas the name has erroneously been mentioned even in the order of the learned Sessions Court as Ravindrasinh Arjitsinh Rana. Considering the submission more particularly such submission being made on basis of the affidavit filed by the investigating officer the same is granted. 2. Heard learned Advocate Mr. A.R. Shah on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent- State. 3. Rule. Learned APP waives service of rule on behalf of the respondent-State. Page 1 of 5 R/CR.MA/25097/2025 ORDER DATED: 02/12/2025 4. The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11211050240505 of 2024 registered with Thangadh Police Station, District: Surendranagar for offences punishable under Sections 316(2), 318(4), 316(5), and 54 of the Bhatriya Nyay Sanhita, 2023 after filing of the charge-sheet more particularly the application preferred by the applicants having been rejected by the learned Trial Court. 5. Learned Advocate for the applicant submits that the investigation is over and the charge-sheet is filed. It is further submitted that the applicant is behind bar since 17.09.2025. It is further submitted that considering the nature of allegation, role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. 6. The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence. 7. This Court has heard learned Advocates for the respective parties and perused the FIR including charge-sheet papers as well as passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court. 8. This Court has 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 2 of 5 R/CR.MA/25097/2025 ORDER DATED: 02/12/2025 9. This Court has also considered the following aspects: (i) The fact of person having more serious role namely one Bharatbhai @ Bhuro Devabhai Kumkhaniya, having been considered for enlargement on regular bail by learned Co ordinate Bench vide order dated 25.03.2025 in Criminal Misc. Application No. 455 of 2025, more particularly the applicant’s role being of assisting other co-accused whereas the said applicant appears to be one of the principal accused. (ii) The fact of beneficiary of the entire exercise that is owner of the Ceramic Company having been considered by learned Co- ordinate Bench vide order dated 21.02.2025 in Criminal Misc. Application No. 3048 of 2025. (iii) The fact of the applicant not having any criminal antecedents. (iv) The applicant being in custody since 17.09.2025 and charge- sheet has been laid by the investigating officer. 10. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, 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 applicant on regular bail. 11. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11211050240505 of 2024 registered with Thangadh Police Station, District: Surendranagar on R/CR.MA/25097/2025 ORDER DATED: 02/12/2025 executing a bond of Rs.10,000/- (Rupees Ten 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; [c] surrender passport, if any, to the lower court within a week; [d] not to leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] Mark presence in the concerned Police Station once in a month for a period of six months between 11:00 a.m. to 2:00 p.m. [f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior intimation to the I.O. 12. The Authorities will release the applicant 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 take appropriate action in the matter. 13 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. Page 4 of 5 R/CR.MA/25097/2025 ORDER DATED: 02/12/2025 14 At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail. 15. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) NIRU Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/12/2025 10:35:11