Gujarat High Court
Ashok Khetaji Modi (Marwadi) vs State Of Gujarat on 8 July, 2025
NEUTRAL CITATION
R/CR.MA/8570/2025 ORDER DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8570 of 2025
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ASHOK KHETAJI MODI (MARWADI)
Versus
STATE OF GUJARAT
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Appearance:
MR JAL UNWALA, SENIOR ADVOCATE with MR J S THAKKAR and MR M
R SHAH for MR SANJAY V THAKKAR(7803) for the Applicant(s) No. 1
MR KUSHLENDRASINH R JHALA(12714) with MR JIT PATEL for the
Respondent(s) No. 1
MR MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 08/07/2025
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.11191014240187 of 2024 registered with Ellisbridge Police Station, Ahmedabad City.
2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned advocate Mr Jit Patel appearing on behalf of learned advocate Mr. Kushlendrasinh R Jhala waives service of notice of Rule on behalf of the Original Complainant.
3. Heard learned senior advocate Mr. Jal Unwala appearing Page 1 of 7 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Jul 08 2025 Downloaded on : Wed Jul 09 00:03:24 IST 2025 NEUTRAL CITATION R/CR.MA/8570/2025 ORDER DATED: 08/07/2025 undefined with learned advocate Mr. J. S. Thakkar for the applicant. He submitted that, the applicant has been arrested in connection with the present offfence on 18.11.2024 and thereafter, investigation is over and charge-sheet has been filed. The applicant has been implicated in the present offence only on the basis of suspicion, since, there was some enmity going on between the applicant and deceased. The case of prosecution rests upon the circumstantial evidence in the present case and there have not been any circumstances at all indicating towards the guilt of the present applicant. He further submitted that, as per the case of prosecution, the applicant herein purchased a motor cycle for being used in commission of the present offence. The motor cycle which was purchased by the present applicant was registered in Rajasthan whereas, the motor cycle which is recovered in the present offence by the Investigating Officer bares the registration number of Gujarat. Therefore, the motor cycle which has been recovered by the investigating agency is not the same which was allegedly purchased by the present applicant. It is also case of prosecution that the applicant had hired the contract killers for eliminating the deceased. However, the investigating agency has not produced any material in the charge-sheet connecting the present applicant with the assailants. He therefore submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions. 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.
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4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the applicant has actively participated in commission of the offence. There was a previous enmity between the present applicant and the deceased. The father of the applicant had been killed in Rajasthan and the applicant suspected that his father was killed by the deceased in the present case and therefore the applicant with the help of other co-accused had committed the present offence. The applicant had engaged the other co-accused as contract killers for elimination of the deceased. There are CCTV footages wherein the present applicant is seen talking to one of the assailants of the deceased. The applicant had also provided a motor cycle to the other co-accused. The person from whom the applicant had purchased the present motor cycle has also stated in the statement that the applicant had purchased the motor cycle from him. The applicant had also procured a dummy SIM card for being used for commission of the present offence. 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. Learned advocate Mr. Jit Patel appearing on behalf of learned advocate Mr Kushlendrasinh R Jhala for the complainant has opposed the application.
6. Heard learned Advocates for the parties and perused the record. Investigation is over and charge sheet is filed. It is the case of prosecution, that the applicant as well as the deceased were the residents of Rajasthan and some disputes with regard Page 3 of 7 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Jul 08 2025 Downloaded on : Wed Jul 09 00:03:24 IST 2025 NEUTRAL CITATION R/CR.MA/8570/2025 ORDER DATED: 08/07/2025 undefined to some land were going on between the families of the applicant and the deceased. The father of the present applicant was killed in Rajasthan. It is the case of prosecution that the applicant suspected that his father was killed by the deceased. It is required to be noted at this stage the there is nothing on record to indicate that the father of the applicant was killed by the deceased. As per the case of prosecution, the applicant had engaged the contract killers for commission of the offence, however, except one CCTV footage where the applicant is seen talking to the other co-accused, there is no other material to indicate that the contract killers were engaged by the present applicant. It is also case of prosecution that the applicant had purchased a motor cycle for being provided to the other co- accused for being used for the commission of the offence. The investigating agency has recorded the statement of the witness from whom the applicant had purchased the said motorcycle. He in his statement, has stated that the motor cycle which was purchased by the applicant was bearing registration number of Rajasthan, admittedly, no motor cycle bearing registration number of Rajasthan is recovered by the investigating agency. The motor cycle which is recovered by the investigating agency and which was allegedly used for commission of the offence bore registration number of Gujarat. Thus, there is no material what so ever in the investigation papers which would connect the present applicant with the offence in question. Considering these aspects, 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 Page 4 of 7 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Jul 08 2025 Downloaded on : Wed Jul 09 00:03:24 IST 2025 NEUTRAL CITATION R/CR.MA/8570/2025 ORDER DATED: 08/07/2025 undefined 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.
7. 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 Page 5 of 7 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Jul 08 2025 Downloaded on : Wed Jul 09 00:03:24 IST 2025 NEUTRAL CITATION R/CR.MA/8570/2025 ORDER DATED: 08/07/2025 undefined 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 before the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court
(h) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect.
8. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
9. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being.
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10. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
11. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J) AHS Page 7 of 7 Uploaded by MR.AMIT HEMANTKUMAR SONAGARA(HCD0079) on Tue Jul 08 2025 Downloaded on : Wed Jul 09 00:03:24 IST 2025