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

AFTER CHARGESHEET) NO. 17032 of 2025 ==========================================================

RADHAKRISHANA DUDDELLA S/O D MADHUKAR RAO Versus STATE OF GUJARAT ==========================================================

Appearance:

NANAVATI & CO.(7105) for the Applicant(s) No. 1 MS SM AHUJA(118) for the Respondent(s) No. 2 MS. METHA CHITALIYA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 12/12/2025

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. 11191028221025 of 2022 registered with Vejalpur Police Station, Ahmedabad City.

2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appearing on behalf of the Original Complainant.

3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Ms. S.M. Ahuja waives service of notice of Rule on behalf of the Original Complainant.

4. 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.

5. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant had earlier preferred Criminal Misc. Application No. 620 of 2024 which was dismissed by this Court vide order dated 23.01.2024 and while dismissing the said Application, this Court had given specific reasons for dismissal of the Application. After the dismissal of the earlier Application, there are no changes in the circumstances, and therefore, the present Applicant is not maintainable. 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.

6. Learned Advocate appearing on behalf of the Original Complainant has also opposed the Application contending that the deceased happened to the wife of the present Applicant and to avoid the payment of maintenance the Applicant had got her eliminated. She further submitted that the present Applicant is a dangerous person and if he is enlarged on bail, there are all chances that he may threaten or cause harm to the witnesses of the case. She therefore prayed to dismiss the Application.

7. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. The Applicant had earlier filed Criminal Misc. Application No. 620 of 2024 which was dismissed vide order dated 23.1.2024 and thereafter the present successive application has been filed by the Applicant.

8. The Applicant has been arrested in connection with the present offence in the month of January 2023 and since then the Applicant is in the custody. As informed, in the trial before the Trial Court, even the charge has not been framed till date. The Applicant has undergone incarceration for almost three years by now. Considering these aspects, 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 25.01.2023.

(d) The law laid down by the Hon'