R/CR.MA/20745/2025 ORDER DATED: 07/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 20745 of 2025 ========================================================== SNEHAL @ LALU SURESHBHAI DHO. PATEL Versus STATE OF GUJARAT ========================================================== Appearance: MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/11/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. The complainant – party in person is present in the Court. [2.0] The present successive bail application is #led under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11200011240099 of 2024 registered with Valsad Rural Police Station, Valsad, for the o1ence under Sections 302 and 2021 of Indian Penal Code. [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the o1ence. Investigation is over and chargesheet has been #led. It is submitted that, after withdrawal of earlier application being CRMA No.14296/2024 on 30.09.2024 and in that order, speci#c direction was given to #le afresh if trial is not commenced after some time. But till date, not a single witness is examined after e9ux of one year and half months. No eyewitness is there and no evidence is collected against the applicant. The applicant having no past antecedent. He is the sole bread winner in his family. Therefore, on the ground of delay alone, he may enlarged on regular bail. R/CR.MA/20745/2025 ORDER DATED: 07/11/2025 [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, su;cient material is collected against the applicant and last seen together material is there. The applicant has in<icted fatal blow and subsequently, dead body was found and he has destroyed it by using in<ammable substance. Therefore, considering seriousness of the o1ence, he prays not to allow application. [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged o1ence, 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 application 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. [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) Investigation is over and chargesheet has been #led; (2) Applicant is in jail since 19.01.2024. (3) There is nothing to be recovered or discovered from the applicant; (4) Case is based on circumstantial evidence. (5) Till date, not a single witness is examined. (6) Though speci#c direction was given in earlier bail application, which was withdrawn on 30.09.2024, till date trial is not commenced. Page 2 of 4 R/CR.MA/20745/2025 ORDER DATED: 07/11/2025 Therefore, in view of the decisions of the Apex Court in cases of Union of India Vs. K. A. Najeeb, reported in 2021 (3) SCC 713 and Mohd. Muslim @ Hussain Vs. State (NCT of Delhi) reported in AIR 2023 (SC) 1648, only on the ground of delay in trial proceedings, application deserves consideration., [7.0] 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 application deserves consideration. [8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing further on merit, prima facie, this Court is of the opinion that this is a #t case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11200011240099 of 2024 registered with Valsad Rural Police Station, Valsad on executing a personal bond of Rs.25,000/- (Rupees Twenty-#ve Thousand only) with one local 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 to leave State of Gujarat without prior permission of the Trial Court concerned; R/CR.MA/20745/2025 ORDER DATED: 07/11/2025 (e) mark presence before the concerned police station once in a month for a period of six months; (f) furnish the Aadhar card, email ID/present address of his residence to the Investigating O;cer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court; (g) if the applicant is found to be indulged in any illegal activities in future, the trial Court concerned will be free to issue warrant and cancel the bail granted to the applicant. (h) Not to contact directly or indirectly the witnesses who are connected with the o1ence. [9.0] The authorities will release the applicant only if he is not required in connection with any other o1ence 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. [10.0] 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. [11.0] At the trial, the trial Court shall not be in<uenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. [12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 07/11/2025 16:25:20