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

AFTER CHARGESHEET) NO. 3632 of 2026 ==========================================================

JAGU @ JAGDISHBHAI RAMABHAI DAMOR Versus STATE OF GUJARAT ==========================================================

Appearance:

MR UM SHASTRI(830) for the Applicant(s) No. 1 MR. MEET THAKKAR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 13/02/2026

ORAL ORDER

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R.No. 11821048241140 of 2024 registered with Sukhasar Police Station, District Dahod for the offences punishable under Sections 64(1), 115(2), 351(3) of the B.N.S.

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP has opposed the present applicant, contending that the present applicant had made an active role in committing the present offence. He therefore, submitted to dismiss the present application. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Heard learned advocate for the respective parties. It appears that the investigation is over and charge-sheet is filed. The applicant had earlier filed a bail application, being Criminal Misc. Application No. 24636 of 2024, which was allowed to be withdrawn by this Court vide order dated 7th January, 2025, and thereafter, the present successive bail application is filed by the applicant. As reported before this Court, the complainant is not remaining present before the concerned trial Court for her deposition, and if order stands required to be issued for securing his presence, the applicant has been arrested in connection with the present offence on 29th September, 2024. Having regard to these aspects, also the nature of offence alleged against the applicant, the application deserves consideration.

6. 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 29.09.2024. (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.

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;

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

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

(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Office