Gujarat High Court
Chirag Shankarbhai Narsinhbhai ... vs State Of Gujarat on 22 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/CR.MA/12475/2025 ORDER DATED: 22/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL)
NO. 12475 of 2025
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CHIRAG SHANKARBHAI NARSINHBHAI HADIYEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS. ASHMITA PATEL, APP, for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 22/08/2025
ORAL ORDER
1. This application is filed through jail by the applicant for regular bail in connection with FIR registered as C.R. No.I-11191004211258 of 2021 with Amraiwadi Police Station, Ahmedabad City for the offence punishable under Sections 307, 323, 294B and 114 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.
2. It is stated in the application by the applicant that the applicant is aged about 26 years old and is in custody since last 04 years and there are aged parents in the family who are ill and elder brother is living separately and hence, there is no one in the family to look after the aged parents. It is further stated that the applicant was enlarged on bail on 06.10.2021 however, due to poor Page 1 of 6 Uploaded by SIDDHARTH(HC01065) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 22:58:28 IST 2025 NEUTRAL CITATION R/CR.MA/12475/2025 ORDER DATED: 22/08/2025 undefined economic condition he was unable to remain present in Court due to which non-bailable warrant has been issued. Once again, regular bail was granted on 31.01.2024 however, as he did not remain present during the course of trial, he has been arrested.
3. Learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
4. I have heard learned Additional Public Prosecutor appearing on behalf of the State and perused the papers. Following aspects are considered :-
1) The First Information Report is registered on 22.07.2021 for the offence which is alleged to have taken place on 22.07.2021.
2)The applicant is in custody since 29.07.2021.
3) The investigation is concluded and charge-sheet is filled.
4) The present application is filed for regular bail through jail because the applicant was already enlarged on regular bail however, on account of his consistent absence during the course of trial, he has been arrested by issuance of non-bailable warrant. The Court finds that the Principal Judge, City Sessions Judge has taken into consideration the Page 2 of 6 Uploaded by SIDDHARTH(HC01065) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 22:58:28 IST 2025 NEUTRAL CITATION R/CR.MA/12475/2025 ORDER DATED: 22/08/2025 undefined conduct of the applicant as is reflected in para-5 of the order below Exh.1 dated 11.03.2025, which would read as under:-
"5. At the outset, the applicant was released on regular bail vide order passed in Cr.M.A. No.7333/2021 on 06/10/2021 after filing of the charge sheet. Since he was not remaining present in the Court, N.B.W. was issued against him and he was arrested. However, my learned predecessor had once again allowed his regular bail application vide order dated 31/01/2024 passed in Cr.M.A. No.770/2024 and had released him on regular bail. The applicant had preferred an application for modification of bail condition that he was not able to pay the amount of cost and he should be released on personal bond. My learned predecessor, vide passing order in Cr.M.A. NO.1234/2024 on 19/02/2024 had modified the order passed by him in Cr.M.A. No.770/2024 and the condition of the applicant depositing an amount of Rs.2,500/ before the City Civil Court Legal Services Committee was deleted and the remaining order was confirmed. But, once again the applicant had absconded and the N.B.W. was issued against him. Accordingly, he came to be arrested on 15/07/2024. It appears that the applicant is habitual in flouting the law and committing breach of the bail conditions. This Court is in agreement with the submission of Ld. A.P.P. Mr. B.S. Patel that leniency cannot be shown to such individuals."
5) The Court has called for the report from the concerned Sessions Court, wherein the report was placed by the Principal Judge, City Sessions Court indicating that out of 26 witnesses, 7 witnesses have Page 3 of 6 Uploaded by SIDDHARTH(HC01065) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 22:58:28 IST 2025 NEUTRAL CITATION R/CR.MA/12475/2025 ORDER DATED: 22/08/2025 undefined been examined.
6) Considering the fact that the applicant was already enlarged on regular bail by the Court of competent jurisdiction, but for the conduct of the applicant during the course of trial, the applicant has been put behind the bar.
7) Considering the nature of offense involved and the fact that there is no other antecedent against the applicant prior to the offense or also during the period where he was on bail, the jail report indicates that his jail conduct is reportedly good, the Court is inclined to enlarge the applicant on bail.
8)Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
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.
5. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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 Page 4 of 6 Uploaded by SIDDHARTH(HC01065) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 22:58:28 IST 2025 NEUTRAL CITATION R/CR.MA/12475/2025 ORDER DATED: 22/08/2025 undefined discretion and enlarge the applicant on regular bail.
6. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-11191004211258 of 2021 with Amraiwadi Police Station, Ahmedabad City on executing a personal bond of Rs.25,000/- (Rupees Twenty Five 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station on 15th and 30th of every month till conclusion of the trial between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;
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7. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
8. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
9. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
10. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(A.Y. KOGJE, J) SIDDHARTH Page 6 of 6 Uploaded by SIDDHARTH(HC01065) on Mon Aug 25 2025 Downloaded on : Mon Aug 25 22:58:28 IST 2025