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

AFTER CHARGESHEET) NO. 26445 of 2025 ==========================================================

SURYA SELARAJ Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 06/03/2026

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. 11210004230805 of 2023 registered with Amroli Police Station, Surat City.

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 the present Applicant is involved in the activity of printing of counterfeit currency notes and the muddaal related thereto has also been recovered from the house of the present Applicant. The Applicant is also having another antecedents against him in the State of Rajasthan. The Applicant is the resident of Tamil Nadu. 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 had earlier preferred Criminal Misc. Application No. 2963 of 2025 which was allowed to be withdrawn vide order dated 4.08.2025. Thereafter the present successive bail application has been filed by the Applicant. The Applicant has been arrested in connection with the present offence on 21.04.2023 and since then the Applicant is in the custody. The Applicant has thus undergone incarceration for a period of almost 3 Years by now. So far as the aspect of delay in trial is concerned, out of 77 witnesses, only 3 witnesses have been examined by now. 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 21.04.2023.

(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