Ajitsinh Mahipatsinh Jhala vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned advocate Mr.Vishal K. Anandjiwala appearing on behalf of the applicant and learned Public Prosecutor Mr.Hardik Dave with Additional Public Prosecutor Mr.Niraj Sharma appearing on behalf of the respondent-State.

Rule. Learned APP waives service of rule on behalf of the respondent-State.

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 registered as C.R. No.11205042240187 of 2024 registered with Bhuj City ‘A’ Division Police Station, District Katchh – Bhuj (West) for the offence punishable under Sections 409, 120-B and 113 of the IPC.

Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge-sheet is filed 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.

As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.

Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-

i. The fact of the co-accused having more serious allegations levelled against him, i.e., the District Collector, having been released on regular bail by the learned Co-ordinate Bench of this Court vide order dated 06.02.2025 in Criminal Misc. Application No.19889 of 2024, whereas the present applicant has a less serious role, more particularly considering that he was the resident District Collector.

ii. The applicant, had been arrested, when he has presented himself in a different case, more particularly under the protection of the Hon’ble Supreme Court and whereas while it is informed by learned advocate for the petitioner that later on, the Hon’ble Supreme Court had been pleased to protect the present applicant vide an order dated 30.04.2024, and whereas the protection granted by the Hon’ble Supreme Court has enured in favour of the present applicant till date. As against the same, to a pointed query, learned public prosecutor would submit that during the period when the applicant had been arrested before he had been directed to be released on temporary bail by the Hon’ble Apex Court, his custodial interrogation had been completed, and whereas, even as on date, his charge-sheet is filed and the matter is pending before the learned Sessions Court at the stage of considering the discharge application of the present 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.

In the facts and circumstances of the case and considering the nature of the allegations made against 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 discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No.11205042240187 of 2024 registered with Bhuj City ‘A’ Division Police Station, District Katchh – Bhuj (West), on executing a bond of Rs.50,000/- (Rupees Fifty 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;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;

[e] inform the I.O. about the present address of residence and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.;

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 Court concerned will be free to take appropriate action in the matter.

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.

At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.