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2025 DAILYLAW 8617 (GUJ)

KISHOR DINESHCHANDRA PARMAR (KISHORE DINESHCHANDRA PARMAR) v. STATE OF GUJARAT

CR.MA/21455/2025 · 2025-10-14

Vimal K Vyas

body2025

Judgment text

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R/CR.MA/21455/2025 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21455 of 2025 ========================================================== KISHOR DINESHCHANDRA PARMAR (KISHORE DINESHCHANDRA PARMAR) & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR. MAHEK B. RAVAL(17804) for the Applicant(s) No. 1 MR YUVRAJ BHRAMBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 14/10/2025 ORAL ORDER 1. Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Yuvraj Bhrambhatt waives service of notice of rule for and on behalf of the respondent-State. 2. By way of filing the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants – accused seek regular bail in connection with the FIR being C.R. No. 11202008251489 of 2025 registered with City A – Division Police Station, Dist.: Jamnagar, for the offences punishable under Sections 118(2), 117(2), 118(1), 115(2), 189(2), 190, 191(3), 352, 332(C) and 54 of the R/CR.MA/21455/2025 ORDER DATED: 14/10/2025 Bharatiya Nyaya Sanhita, 2023 as well as under Section 135(1) of the Gujarat Police Act. 3. Learned counsel Mr. Mahek Raval appearing for the applicants – accused has submitted that the applicants are in judicial custody since 05.09.2025. He has further submitted that considering the limited role attributed to the applicants – accused, the present application may be allowed and the applicants may be enlarged on regular bail by imposing suitable conditions. 4. Learned Additional Public Prosecutor Mr. Yuvraj Bhrambhatt appearing for the respondent – State has opposed the bail application and has contended that considering the conduct of the applicants and the nature of accusation levelled against them, discretion may not be exercised in favour of the applicants and the application may be dismissed. 5. Heard learned advocates appearing on behalf of the respective parties, perused the papers of the investigation as R/CR.MA/21455/2025 ORDER DATED: 14/10/2025 well as considered the allegations levelled against the applicants – accused and the role attributed to the applicant. 6. This Court has considered the following aspects :- (i) That the applicant Nos. 1 & 2 are in custody since 05.09.2025 and the applicant No. 3 is in custody since 12.08.2025; (ii) The role attributed to the present applicants is that of inflicting injuries with an iron pipe, iron rod and sickle on both the upper and lower limbs of the complainant; (iii) The complainant is already discharged from the hospital on 17.08.2025; (iv) The applicants are the local residents of Jamnagar and their presence can be secured by imposing suitable terms and conditions; (v) Investigation is over and chargesheet has been filed; 7. This Court has also taken into consideration the law laid R/CR.MA/21455/2025 ORDER DATED: 14/10/2025 down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 as well as in the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51. 8. On the facts and in the circumstances of the case as well as considering the nature of the allegations levelled against the applicants in the FIR, without discussing the evidence in details, prima facie, this Court is of the opinion that this is a fit case to exercise discretion and enlarge the applicants on regular bail. 9. Hence, the bail application is allowed and the applicants – accused are ordered to be released on regular bail in connection with the FIR being C.R. No. 11202008251489 of 2025 registered with City A – Division Police Station, Dist.: Jamnagar, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only) each with one surety of the like amount to the satisfaction of the trial Court concerned and R/CR.MA/21455/2025 ORDER DATED: 14/10/2025 subject to the following conditions that they shall: No. Conditions (a) not take undue advantage of their liberty or misuse the liberty; (b) not act in a manner injuries to the interest of the prosecution; (c) surrender the passport, if any, to the lower court, within a week; (d) not leave the State of Gujarat without the prior permission of the Sessions Judge concerned; (e) furnish the latest address of their residence to the Investigating Officer and also to the Court concerned at the time of execution of the bond and shall not change their residence without the prior permission of the trial Court; (f) mark their presence before the concerned Police Station between 1st and 5th day of every English Calender month between 11:00 a.m. and 01:00 p.m., for a period of six months from the date of this order; 10. The authorities concerned shall release the applicants if they are not required in connection with any other offence. If R/CR.MA/21455/2025 ORDER DATED: 14/10/2025 breach of any of the above conditions is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicants. 11. Bail bond to be executed before the trial Court concerned having jurisdiction to try the case. It will be open for the Court concerned to delete, modify and/or relax any of the above conditions, in accordance with law. 12. Nothing stated herein above shall tantamount to the expression of any opinion on the merits of this case. 13. The present application stands ALLOWED accordingly. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) KAJAL Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 15/10/2025 11:05:32