R/CR.MA/17482/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 17482 of 2025 ========================================================== AJAY @ ASHU S/O JAYANTIBHAI ISHAVARBHAI MAKWANA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR CHIRAG H PAREKH(5249) for the Applicant(s) No. 1 MR. IRAFAN H SAIYED(18593) for the Respondent(s) No. 2 MR KANVA ANTANI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 13/10/2025 ORAL ORDER 1. The Applicant has filed 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.11191037250098 of 2025 registered with Odhav Police Station, Ahmedabad City. 2. Heard learned Advocate for the Applicant, learned advocate appearing on behalf of the Original Complainant and learned APP for the Respondent – State. 3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. Irafan H. Saiyed waives service of notice of Rule on behalf of the Original Complainant. 4. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for R/CR.MA/17482/2025 ORDER DATED: 13/10/2025 indefinite period. It is further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail. 5. Per contra, learned APP has opposed the present application for grant of regular bail contending that the other co- accused had harassed the prosecutrix and thereafter some altercation had taken place between the parties wherein the present applicant was also present and had inflicted kicks and fist blows upon the first informant. Thus, there is an active participation on the part of the present applicant. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed. 6. Learned Advocate appearing on behalf of the Original Complainant has opposed the application contending that the there was a common intension on the part of all the accused persons of committing the present offence. He further submitted that the deposition of the prosecutrix has already been recorded before the trial court. He therefore submitted to dismiss the present application. 7. Heard learned Advocates for the parties and perused the record. From the material available on record it appears that the only role attributed to the present applicant is such that some altercation had taken place between the parties upon the issue of harassment of the niece of the first informant and the applicant being present at the time of the said altercation, had also inflicted some injuries upon the first informant. The other R/CR.MA/17482/2025 ORDER DATED: 13/10/2025 co-accused have been considered for grant of bail by this Court. Having regard to the same, the Application deserves consideration. This court has also considered the following aspects: (a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused. (b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away. (c) That the Applicant is in custody since 17.01.2025. (d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40. 8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall: R/CR.MA/17482/2025 ORDER DATED: 13/10/2025 (a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) maintain law and order and not to indulge in any criminal activities. (c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court. (d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court. (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 pm. (f) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any. (g) not leave India without prior permission of the Trial Court (h) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect. (i) not enter the area of Odhav Police Station till conclusion of trial except for attending the Trial Court or marking presence before concerned Police Station. 9. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court R/CR.MA/17482/2025 ORDER DATED: 13/10/2025 concerned to give time to furnish the solvency certificate if prayed for. 10. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being. 11. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 12. Rule is made absolute. Direct service permitted. (M. R. MENGDEY,J) AHS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 14/10/2025 12:09:15