Gujarat High Court
State Of Gujarat vs Najirbhai Valibhai Patel on 13 October, 2025
NEUTRAL CITATION
R/CR.MA/10032/2021 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL)
NO. 10032 of 2021
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STATE OF GUJARAT
Versus
NAJIRBHAI VALIBHAI PATEL
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Appearance:
MR HARDIK SONI, APP for the Applicant(s) No. 1
MR NK MAJMUDAR(430) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 13/10/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for respondent No.1 - State.
2. By way of the present application under Section 439(2) of the Code of Criminal Procedure, 1973, the applicant - State has prayed to cancel the regular bail granted to the respondent - original accused vide order dated 09.03.2021 passed in Criminal Misc. Application No.186 of 2021 by the learned Principal Sessions Judge, Bharuch.
3. Learned APP Mr. Hardik Soni for the applicant submits that one FIR came to be registered by the complainant against the members of mob, wherein, respondent herein is also one of the members, inter alia alleging that complainant has been assigned election duty and, as such, appointed as a Zonal Officer at the time of election and at that relevant Page 1 of 6 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:03 IST 2025 NEUTRAL CITATION R/CR.MA/10032/2021 ORDER DATED: 13/10/2025 undefined point of time, it was his responsibility to check the EVM machine and in case any technical glitch occurred during the election process, it was his duty to replace the said EVM machine with reserved EVM machine. Thus, complainant was, therefore, carrying reserved EVM machine with him and at the time when he was going towards the polling booth for checking, the accused persons have illegally stopped the car of the complainant and abused the complainant and spread rumors that complainant is hacking EVM machine and thereby they tried to snatch the EVM machine and mobile phone of the complainant. The accused have also illegally snatched the AADHAR Card and Identity Card of the complainant. Thus, the accused persons have tried to obstruct the complainant from doing his official duty and thereby they had committed breach of notification issued by the learned District Magistrate. Therefore, FIR came to be registered against total five accused persons, wherein, name of the respondent is at serial No.1. Pursuant to the registration of the FIR, investigation commenced and at the end of the day, the investigating officer has submitted charge-sheet against total 21 persons. The respondent - accused has been apprehended and subsequently released on bail by the learned Trial Court. Being aggrieved by and dissatisfied with the said order, present application seeking cancellation of bail of respondent is preferred.
4. Learned APP has read the FIR and also put Page 2 of 6 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:03 IST 2025 NEUTRAL CITATION R/CR.MA/10032/2021 ORDER DATED: 13/10/2025 undefined reliance upon the charge of accusation levelled against the respondent and other accused and submitted that at the time of entertaining the bail application of the respondent, the learned Trial Court has not given due weightage to the important materials placed by the IO and on the contrary irrelevant and unimportant documents have been considered, which ultimately, led the learned Trial Court to a wrong decision. He further submits that learned Trial Court ought to have considered that assault on a public officer while performing his election duty and attempt to snatch away the EVM machine and other personal belongings of the officer on election duty and causing hindrance in fair election process of the country is very serious offence. He further submits that the respondent being the kingpin, he has spread rumors that the complainant is hacking the EVM machine and thereby instigated the mob to attack the complainant. Thus, the learned Trial Court ought not to have enlarged the respondent on bail. He further submits that the investigating officer concerned has collected ample evidence and/or materials against the accused persons, despite that, the learned Trial Court has passed the order enlarging the respondent on bail. However, learned APP has candidly submitted that except the respondent, the prosecuting agency has not challenged the order of other co-accused persons. He further submits that in fact trial is yet not commenced solely on the count that after submission Page 3 of 6 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:03 IST 2025 NEUTRAL CITATION R/CR.MA/10032/2021 ORDER DATED: 13/10/2025 undefined of charge-sheet by the IO, some of the accused persons have preferred discharge applications, which are still pending. Therefore, due to pendency of discharge applications, trial has not been commenced. He has fairly conceded that except the present offence, no offence is registered against the respondent and he is regularly attending the Court proceedings. He, therefore, submits that considering the aforesaid overall facts and circumstances of the present case, appropriate order may be passed.
5. Having considered the arguments canvassed by learned APP for the applicant - State and having gone through the materials placed on record, it is found out that pursuant to the registration of the FIR, investigation commenced and FIR came to be registered against total 5 accused persons, wherein, name of the respondent is mentioned at serial No.1. It is alleged in the FIR that complainant has been appointed as a Zonal Officer at the time of election and it was his responsibility to check the EVM machine and in case of any technical glitch, it was his duty to replace the said EVM machine with reserved EVM machine. Thus, complainant was carrying reserved EVM machine with him and when he was going towards the polling booth for checking, the accused persons have illegally stopped the car of the complainant and abused him and spread rumors that complainant is hacking EVM machine and thereafter they tried to snatch the EVM machine and mobile phone of the complainant. The accused have Page 4 of 6 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:03 IST 2025 NEUTRAL CITATION R/CR.MA/10032/2021 ORDER DATED: 13/10/2025 undefined also illegally snatched the AADHAR Card and Identity Card of the complainant. Thus, the accused persons have tried to obstruct the complainant from doing his official duty and thereby they had committed breach of notification issued by the learned District Magistrate. Therefor, FIR came to be registered against the accused persons. Pursuant to the registration of the FIR, respondent herein has been apprehended and thereafter released on bail by the learned Trial Court. It is also found from the record that investigating officer has submitted charge-sheet against total 21 accused persons and after submission of charge-sheet, some of the accused persons have preferred discharge applications, which are still pending. On account of pendency of the discharge applications, in spite of passing of more than four and half years from the date of passing of the order enlarging the respondent on bail, trial has not been commenced/progressed. It is also pertinent to note that except the present respondent, State has not preferred any application seeking cancellation of bail of other accused persons. The order enlarging the respondent on bail came to be passed in the month of March, 2021 and we are in the month of October, 2025. Thus, even after lapse of period of more than four and half years, it is not the case of the prosecuting agency that respondent has committed breach of any of the conditions of bail and/or indulged into any kind of illegal activities. Learned APP has also fairly conceded that respondent is Page 5 of 6 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:03 IST 2025 NEUTRAL CITATION R/CR.MA/10032/2021 ORDER DATED: 13/10/2025 undefined regularly attending the Court proceedings.
6. I have also gone through the order passed by the learned Trial Court. The learned Judge has also assigned detailed reasons for enlarging the respondent on regular bail. It is well settled that the criteria and parameters for entertaining an application for bail and for cancellation of bail are different and distinct. I have also perused the order passed by the learned Trial Court and I am of the opinion that no error of facts and/or law could be said to have been found on record, which warrants any interference by this Court. Thus, in view of the observations made by the Hon'ble Apex Court in the case of Dolat Ram v. State of Haryana, reported in (1995) 1 SCC 349, I am not inclined to entertain this application seeking cancellation of bail of respondent at this stage. Hence, the application being devoid of merits, is dismissed. Rule is discharged.
7. It is needless to observe that the aforesaid findings are limited for deciding the present application and it shall not come in the way of the applicant at the time of trial.
(DIVYESH A. JOSHI,J) LAVKUMAR J JANI Page 6 of 6 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Oct 16 2025 Downloaded on : Thu Oct 16 23:40:03 IST 2025