IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 19113 of 2025 ==========================================================

NIEL @ POPAT SANJAYBHAI RAVAL Versus STATE OF GUJARAT ==========================================================

Appearance:

MS. RESHMA G RAUMA (10143) for the Applicant(s) No. 1 MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 24/09/2025

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 CR. No.11204068250345 of 2025 registered with Vadtal Police Station, Kheda.

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

3. Learned Advocate appearing 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 contending that the applicant had actively participated in commission of the present offence. The investigation of the offence is still in progress. 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 role attributed to the applicant is to the effect that he had inflicted kick and fist blows to the victim. Having considered the role attributed to the applicant, the present application deserves consideration, hence the present application is hereby allowed. 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 28.08.2025.

(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 a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence;

(b) maintain law and order and not to indulge in any criminal activities;

(c) 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 the residence without prior