Thakor Sureshji Mangaji & Anr vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr. Nisarg D Shah on behalf of the applicants and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of respondent – State.

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

The present applicants who have been arraigned as accused have preferred these applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being C.R. No. 11206002250298 of 2025 registered with Visnagar Taluka Police Station, District: Mehsana for the offences punishable under Sections 103(1) and 54 of the Bhatriya Nyay Sanhita, 2023 and Section 135 of the G.P. Act after filing of the charge-sheet more particularly the application preferred by the applicants having been rejected by the learned Trial Court.

Learned Advocate Ms. Shah would submit that that the role attributed to the present applicant in the FIR being that they had assaulted the deceased with fist and kick blows whereas it is submitted that more serious allegation of having assaulted the deceased with weapons, is as against the other accused. Learned Advocate would submit that the alleged incident of assault had happened on the 10.05.2025 whereas the deceased had expired atleast 10 days thereafter. whereafter the FIR had been registered. Learned Advocate would submit that considering the nature of allegation and considering the belated FIR, more particularly since charge-sheet is already laid this Court may consider releasing the applicants on regular bail.

Learned APP Mr. Dabhi would vehemently oppose the present application submitting that the applicants had assaulted the deceased and whereas ultimately the cause of death, would be co-relatable to the assault. Learned APP would submit having regard to the allegations against the applicants in the FIR and having regard to the fact that the same appear to have been fortified in the charge-sheet this Court may not consider releasing the present applicants to release on bail at this stage.

This Court has heard learned Advocates for the respective parties and perused the documents including the charge-sheet papers.

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.

This Court has also considered the following aspects:

(i) It would appear that the charge-sheet papers more particularly the PM Note reveals “probable cause of death due to cardio respiratory failure on account of septicemia following untreated fracture” meaning thereby that if the deceased had himself treated immediately after the assault or sometime thereafter, he would not have succumbed to the injuries.

(ii) While it is true that final cause of death is kept pending till Histopathological and FSL report, yet, the fact of the death following septicemia on account of untreated fracture is an aspect which prima facie leads to a conclusion that at the relevant point of time, the offence could be probably one of attempt to murder rather than murder.

(iii) the fact of there being no antecedent against the present applicants.

(iv) the fact of the charge-sheet has already been filed.

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 applications are allowed. The applicants are ordered to be released on bail in connection with FIR being C.R. No. 11206002250298 of 2025 registered with Visnagar Taluka Police Station, District: Mehsana for the offences punishable under 103(1) and 54 of the Bhatriya Nyay Sanhita, 2023 and Section 135 of the G.P. Act on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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] Mark their presence at the concerned Police Station once in a month for a period of six months between 11:00 a.m. to 2:00 p.m.

[f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior permission of the Sessions Court;

The Authorities will release the applicants only if they are 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 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 applicants for being released on regular bail.

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