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

AFTER CHARGESHEET) NO. 18674 of 2025 ==========================================================

PRAGNESHKUMAR BHARATBHAI PRAJAPATI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR KALPESH M PANDIT(2713) for the Applicant(s) No. 1 MR. JAY A. MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 22/09/2025

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 C.R. No. 11206073240441 of 2024 registered with Vadnagar Police Station, Mahesana.

2. Heard learned 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 Advocate for the Applicant has 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 there is a strong prima facie case against the present Applicant for commission of the present offence. Earlier the Applicant had preferred Criminal Misc. Application No. 4076 of 2025 which was allowed to be withdrawn by this Court on 27.02.2025. Thus, this is a successive Application filed by the Applicant and there is no change in the circumstances. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the 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. The Applicant has been arrested in connection with the present offence on 3.12.2024. The Applicant had earlier preferred Criminal Misc. Application No. 4076 of 2025 which was allowed to be withdrawn by this Court vide order dated 27.02.2025. While allowing the Applicant to withdraw the said Application, a liberty came to be granted in his favour to file a fresh Application after a period of six months and thus this Applicant has filed. It is reported that there is no progress in the Trial. Considering this aspect, the Application deserves consideration. 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 since 3.12.2024.

(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.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing