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2025 DAILYLAW 8670 (GUJ)

PRAVINBHAI MOHANBHAI PANCHAL v. STATE OF GUJARAT

CR.MA/21112/2025 · 2025-10-13

Vimal K Vyas

body2025

Judgment text

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R/CR.MA/21112/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21112 of 2025 ========================================================== PRAVINBAHI MOHANBHAI PANCHAL Versus STATE OF GUJARAT ========================================================== Appearance: MR VEDANT D GAIKWAD(10444) for the Applicant(s) No. 1 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 13/10/2025 ORAL ORDER 1. Rule returnable forthwith. Learned APP Ms. Asmita Patel waives service of notice of rule for and on behalf of the respondent – State. 2. The present application has been filed by the applicant- accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with the FIR registered with the Laxmipura Police Station, District Vadodara City vide C.R. No.11196037250107 of 2025 for the offence punishable under Sections 103 and 54 of the Bharatiya Nyaya Sanhita, 2023. 3. Learned advocate Mr. Vedant D. Gaikwad appearing for the applicant submits that the applicant is in jail since R/CR.MA/21112/2025 ORDER DATED: 13/10/2025 20.03.2025 and he has been falsely implicated in the alleged offence. Learned advocate has further submitted that considering the nature of the offence and the role attributed to the applicant as well as considering the manner and method in which it had happened, the applicant may be enlarged on regular bail by imposing suitable conditions. 4. Per contra, learned APP Ms. Asmita Patel appearing on behalf of the respondent – State has vehemently opposed the present application for grant of regular bail looking to the seriousness and gravamen of the offence. 5. Heard learned advocates appearing for the respective parties and perused the papers of the investigation as well as considered the allegations levelled against the applicant and the role attributed to the applicant. I have also considered the following aspects :- (i) The applicant is in jail since 20.03.2025. (ii) The investigation is over and charge-sheet has already been filed. (iii) It prima facie appears that the incident had occurred on a trivial issue upon a sudden quarrel and it was not pre- meditated. Page 2 of 5 R/CR.MA/21112/2025 ORDER DATED: 13/10/2025 (iv) The role attributed to the present applicant is that of inflicting fisticuffs. (v) The application preferred by the co-accused, having played similar role to that of the present applicant, has been considered by a Coordinate Bench of this Court and she has been enlarged on regular bail, vide order dated 04.07.2025 passed in Criminal Misc. Application No.12784 of 2025. (vi) The applicant is a local resident of District Vadodara and his presence can be secured by imposing suitable conditions. 6. This Court has also 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 as well as in the case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51. 7. On the facts and in the circumstances of the case as well as considering the nature of the allegations made against the applicant, 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 applicant on regular bail. Page 3 of 5 R/CR.MA/21112/2025 ORDER DATED: 13/10/2025 8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the FIR registered with Laxmipura Police Station, District Vadodara City, vide C.R. No.11196037250107 of 2025, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 to take undue advantage of liberty or misuse the liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender 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] mark his presence before the concerned Police Station once between 1st day and 5th day of every English Calender month for a period of six months from the date of this order; [f] furnish the present address of residence to the R/CR.MA/21112/2025 ORDER DATED: 13/10/2025 Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without the prior permission of this Court; 9. 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 issue warrant or take appropriate action in the matter. 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. 10. 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 applicant on bail. 11. The present application stands ALLOWED accordingly. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) AMAR SINGH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 13/10/2025 17:55:07