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2026 Supreme(Online)(Guj) 15681

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE M. R. MENGDEY
DHAVALBHAI RAJESHBHAI @ RAJUBHAI DAMORV/sSTATE OF GUJARAT
R/CR.MA/9100/2026



Advocates:
For the Appellants/Petitioners:
For the Respondents:

Bail may be granted when the investigation is complete, the charge-sheet is filed, and the trial has not progressed significantly, provided the accused is not a flight risk and is unlikely to tamper with evidence.

Headnote:The applicant was accused of subjecting the deceased to physical and mental torture, leading to the deceased's suicide. The investigation is complete, the charge-sheet has been filed, and the applicant has been in custody since November 2024. The court noted that the trial has only progressed to the stage of framing charges. The central issue was whether the applicant is entitled to bail given the nature of the offense and the current status of the trial. The court reasoned that the duration of custody, the completion of the investigation, and the lack of progress in the trial, combined with the factors of prima-facie case and risk of tampering, justify the grant of bail. Rule is made absolute.

Table of Content
1. evaluation of custody duration and trial progress in determining bail eligibility. (Para 5)
2. grant of bail subject to specific conditions to ensure trial attendance and evidence preservation. (Para 6 , 7 , 8 , 9 , 10)

had subjected the deceased to such physical and mental torture that she was subjected to commit suicide. 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. In the present offence, the investigation is over and charge-sheet has been filed. The applicant had earlier preferred Criminal Misc. Application No.3894 of 2025 which was allowed to be withdrawn by this Court vide order dated 17.03.2025. Thereafter, the present successive application is filed by the applicant. The applicant has been arrested in connection with the present offence in the month of November 2024 and since then he is in custody. This Court had called for the learned Trial Court to submit its report as regard the status of trial. The report so submitted by the learned Trial Court indicates that merely charge has been framed against the applicant and no further proceedings have taken place during the course of trial. Having regard to these aspects, 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 18.11.2024.

(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.

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 permission of the trial Court;

(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11:00 a.m. and 2.00 pm;

(f) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties

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