IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 22519 of 2025 ==========================================================

HARISHBHAI PRABHUBHAI GANDHA Versus STATE OF GUJARAT ==========================================================

Appearance:

NABIL O BLOCH(7953) for the Applicant(s) No. 1 MS JYOTI BHATT, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 29/10/2025

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.11202008251905 of 2025 registered with A Division Police Station, Jamnagar, for the offence under Sections 127(4), 140(3), 308(5), 351(3) and 3(5) of the Bhartiya Nyay Sanhita and Sections 40, 42(d), 43 and 44 of the Gujarat Money Lenders 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 is in jail since 28.09.2025. The applicant has lended money through his nephew and no offence as allegation has been committed by the applicant. Prior to lodgment of the complaint, proceedings under section 138 of the NI Act came to be initiated against the husband of the complainant and therefore, keeping the grudge, impugned FIR is filed. The applicant has no past antecedent. 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, the applicant has lended money on high rate of interest and pressurized husband of the complainant, due to which, he has committed suicide. Prima facie evidence is collected and if he is released on bail, possicility cannot be ruled to tamper the evidence and hamper the witnesses. Further, the accused have made constant threats to the husband of the complainant and therefore, present 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 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 28.09.2025;

(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) Applicant has no pat antecedent.

(6) Allegation against the applicant is that, he has lended money to the husband of the complainant and to recover the said amount, he pressurized him, due to which, alleged incident took place. Prima facie, there is no evidence of direct involvement or instigation on the part of the applicant.

[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Ap