ORAL ORDER

Perused the note for speaking to minutes.

It is mentioned in the Note for Speaking to Minutes that, in paragraph No. [2.0], Sections 111(3) and 111(4) were omitted due to oversight. Therefore, Sections 111(3) and 111(4) of the IPC are hereby added to paragraph No. [2.0].

Rest of the order shall remain as it is.

Present note for speaking to minutes is disposed of in aforesaid terms.

(HASMUKH D. SUTHAR,J)

ALI

NEUTRAL CITATION

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 19822 of 2024 ==========================================================

ASHOKKUMAR NANARAM BISHNOI & ANR.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1,2 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/10/2024

ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11211005240301 of 2024 registered with Patdi Police Station, Surendranagar, for the offence under the provisions of the Gujarat Prohibition Act [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, application does not deserve any consideration.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, 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

NEUTRAL CITATION

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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 almost over;

(2) Applicant is behind the bar since 09.09.2024;

(3) There is nothing to be recovered or discovered from the applicant;

(4) There is no possibility to conclude the trial in near future.

(5) Offence is triable by JMFC.

[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 circu

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