IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -

AFTER CHARGESHEET) NO. 17143 of 2025 ==========================================================

ASIF HARUNBHAI DOLLA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. I.H.SYED, SENIOR ADVOCATE with MR VICKY B MEHTA(5422) for the Applicant(s) No. 1 MR. MEET THAKKAR, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 07/10/2025

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 File No. DC/ENF/Div-8/AC/Asif Dolla / 2023-24/B-1 registered with the office of the Deputy Commissioner, State Tax Enforcement, Division-8, Surat, Camp at Office of the Chief Commissioner of State Tax, Ahmedabad.

2. Heard learned Senior Advocate for the Applicant and learned APP for the Respondent – State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned Senior Advocate appearing for the Applicant has submitted that the Applicant has been arrested in connection with the present offence on 24.01.2024 and since then the Applicant is in the custody. The punishment prescribed for the offence alleged against the Applicant is imprisonement for 5 Years. The Applicant has undergone incarceration for a period of almost 2 Years by now. The other co-accused have been considered for grant of bail by this Court. He further submitted that the Applicant had earlier preferred Criminal Miscellaneous Application No. 5447 of 2024 which was dismised by this Court vide order dated 5.07.2024. The Applicant had challenged the said order before the Hon’ble Apex Court by filing a Petition for Special Leave to Appeal (Cri.) No. 10618 of 2024. Though the Hon’ble Apex Court had dismissed those proceedings vide order dated 12.08.2024, the Applicant was granted liberty to revive his request for grant of bail in case of a change in circumstances or if the trial is prolonged due to the reasons not attributable to the Petitioner, and thus, the Applicant has filed the present Application. Learned Advocate for the Applicant has further submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for 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.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the present is the successive application filed by the Applicant seeking Regular Bail. There is no change in the circumstances after the dismissal of the earlier Application filed by the Applicant. He also submitted that the conduct on the part of the Applicant is also requried to be seen as the Applicant had escaped from the police custody when he was taken to the hospital for his treatment. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. At the outset, it is required to be noted that the Applicant had earlier preferred Criminal Misc. Application No. 5447 of 2024 which was dismissed by this Court vide order dated 5.07.2024.

While dismissing the said Application, this Court had taken into consideration the role played by the Applicant in commission of the offence in question as well as the fact that on 24.01.2024 when the Applicant was taken to the hospital for treatment, he had escaped from the police custody. As per the case of the prosecution, the Applicant had availed the benefit of