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2025 DAILYLAW 8942 (GUJ)

SURAJ @ RAMMILAN SHREEANGNUPAL PAL (SURAJ S/O. RAMMILAN SHREEANGNUPALPAL) v. STATE OF GUJARAT

CR.MA/21441/2025 · 2025-10-15

Vimal K Vyas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/CR.MA/21441/2025 ORDER DATED: 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21441 of 2025 ================================================================ SURAJ @ RAMMILAN SHREEANGNUPAL PAL (SURAJ S/O. RAMMILAN SHREEANGNUPALPAL) Versus STATE OF GUJARAT ================================================================ Appearance: MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1 MS ASMITA PATEL, APP for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 15/10/2025 ORAL ORDER 1. 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 bearing I-CR No.11191004230425 of 2023 registered with the Amraiwadi Police Station, Ahmedabad, for the offences punishable under Sections 302, 326, 114, 143, 147, 149 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act. 2. It is submitted that the F.I.R. was registered on 08.07.2023 for the offence punishable under Sections 326, 114 of the Indian R/CR.MA/21441/2025 ORDER DATED: 15/10/2025 Penal Code and under Section 135 of the Gujarat Police Act against three accused persons including the present applicant- accused. However, during the investigation, since the injured had died, charge-sheet was filed under Sections 302, 326, 114, 143, 147, 149 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act. The applicant-accused was arrested on 17.07.2023. 3. Thereafter, the applicant-accused had preferred application for regular bail, which was granted by the learned Additional Sessions Judge, Court No.22, City Civil & Sessions Court, Ahmedabad, vide order dated 22.11.2023 passed below application Exh.1 in Criminal Misc. Application No.9215 of 2023. 4. While allowing the application and granting bail to the applicant-accused, the trial court had, vide condition no.4 imposed in the order dated 22.11.2023, directed the applicant- accused not to indulge into any criminal activity and not to enter within the jurisdiction of the concerned police station for a period of three months. R/CR.MA/21441/2025 ORDER DATED: 15/10/2025 5. It is submitted that thereafter one offence punishable under Sections 323, 294B, 427, 114 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act came to be registered against the applicant-accused, vide FIR bearing I-CR No.11191004240034 of 2024 registered with the Amraiwadi Police Station on 17.01.2024. 6. As one of the material terms and conditions of the bail order was breached by the applicant-accused, the State had, on 23.04.2025, filed application seeking cancellation of the bail, earlier granted to the applicant-accused. 7. The learned City Civil and Sessions Judge, Court No.19, Ahmedabad, was pleased to cancel the bail granted to the applicant-accused, vide order dated 10.06.2025 passed below application Exh.05 in Criminal Misc. Application (for Cancellation of Bail) No.3619 of 2025. Hence, the present application seeking regular bail. 8. Having heard learned advocates appearing for the respective parties and having considered the entire materials on record, it prima facie appears that though there was a specific R/CR.MA/21441/2025 ORDER DATED: 15/10/2025 condition imposed by the learned Sessions Judge while granting the bail to the present applicant-accused, one more offence came to be registered against the present applicant-accused within three months of passing of the bail order, considering which, the learned Sessions Judge cancelled the bail, earlier granted to the applicant-accused. 9. However, considering the materials on record, it prima facie appears that the second offence against the present applicant- accused was registered by a different person. Furthermore, there is no allegation that the applicant-accused contacted, induced, or threatened any witnesses in the present case, nor is there any claim that he tampered with or hampered the evidence of the prosecution. 10. In the interest of justice, the present application deserves consideration, and the same is hereby allowed. 11. The applicant shall be released on bail on his executing a personal bond of Rs.25,000=00 (Rupees Twenty-Five Thousand) with one surety of the like amount, to the satisfaction of the trial court, on the same terms and conditions as were imposed while R/CR.MA/21441/2025 ORDER DATED: 15/10/2025 granting the regular bail to the applicant-accused, vide order dated 22.11.2023 passed below application Exh.1 in Criminal Misc. Application No.9215 of 2023 by the learned Additional Sessions Judge, Court No.22, City Civil & Sessions Court, Ahmedabad. 12. The applicant-accused is directed not to enter Ahmedabad city for a period of six months from the date of this order except for the purpose of attending the court proceedings. 13. With the above, the application stands disposed of. (VIMAL K. VYAS, J) /MOINUDDIN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MOINUDDIN ABDULLAH SAIYED(HC00172), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/10/2025 15:13:51