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2025 Supreme(Online)(Guj) 6815
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. MENGDEY, J
ROHITJI JAGAJI THAKOR – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 9355 of 2025
For the Appellants/Petitioners: MR YUNUS U MALEK
For the Respondents: MR.MEET THAKKAR, APP
Judicial discretion in bail applications is informed by assessment of case nature, offense seriousness, and protective conditions preventing any threat to the legal process.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Application for regular bail in connection with serious offenses - The applicant, the main accused, allowed bail considering no likelihood of fleeing, absence of evidence tampering, and conditions imposed include bond and regular presence at police station. (Paras 1, 6, 7, 8)
(B) Application of Bail Principles - The court weighs prima facie case, custody, and maintaining order; It is noted that the decision is influenced by considerations from prior Supreme Court decisions. (Paras 6, 9)
Facts of the case:
The application for bail is based on FIR regarding serious offenses with established prior notions of consideration for eligibility for bail, others found similarly situated have been granted bail.
Findings of Court:
The application is allowed; bail granted subject to conditions outlined herewith.
Issues: Evaluation of the nature of the offense and the background of the applicant in determining bail eligibility.
Ratio Decidendi: Judicial discretion is exercised favorably based on the overall assessment of the case's circumstances and the conditions imposed.
Result: Application allowed.
| Table of Content |
|---|
| 1. overview of case proceedings and initial bail request. (Para 1 , 4 , 5) |
| 2. judicial guidelines and considerations for bail decisions. (Para 2 , 7 , 9) |
| 3. arguments regarding the nature of the offense and its implications for bail. (Para 3) |
| 4. justification for using judicial discretion favorably. (Para 6) |
| 5. final decision allowing bail under specified conditions. (Para 8 , 10) |
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11206073230630 of 2023 registered with Vadnagar Police Station, District Mahesana.
3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has vehemently submitted that the applicant is the main accused in the present offence. There are other antecedents for comission of offence. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.
5. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. The other co-accused similarly situated to the present applicant have been considered for grant of bail either by this Court or by the learned trial Court.
6. 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.
(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.
7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;
(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) shall maintain law and order and not to indulge in any criminal activities.
(c) shall 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 residence without prior permission of the trial Court.
(d) shall 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) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) shall not leave India without prior permission of the Trial Court (g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect.
(h) shall ma
