IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 24608 of 2025 ==========================================================

PRAKASH MUSHANKARBHAI TERAIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR JAY A MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 03/12/2025

ORAL ORDER

1. Heard learned advocate Mr. Ashish M. Dagli appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Jay Mehta appearing on behalf of the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. 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. 11208055250137 of 2025 registered with the DCB Police Station, Rajkot City, for the offence punishable under Sections 465, 467, 471, 420, 201 and 120(B) of the Indian Penal Code.

4. Learned advocate for the applicant would submit that the present applicant is wrongly implicated in the alleged offence. Learned Advocate would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. 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.

5. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

6. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. The fact of the main accused having been considered for being released on regular bail by this Court vide order dated 12.11.2025 in Criminal Misc. Application No. 23210 of 2025.

ii. The fact of the other co-accused having been considered for being released on regular bail by learned Co-ordinate Bench and learned Sessions Court.

iii. The fact of the applicant being in custody since 21.08.2025 and the Investigating Officer having laid the charge-sheet.

iv. The fact of the applicant is stated to be suffering from some life threatening disease.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40

8. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11208055250137 of 2025 registered with the DCB Police Station, Rajkot City, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not lea