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2025 DIGILAW 891 (SC)

Chiragsinh Ajitsinh Solanki v. State Of Gujarat

2025-04-02

B.V.NAGARATHNA, SATISH CHANDRA SHARMA

body2025
ORDER : 1. Leave granted. 2. This appeal challenges the order dated 07.02.2025 passed by the High Court of Gujarat at Ahmedabad, in R/Criminal Appeal (Regular Bail-After Chargesheet) No.3000 of 2024. 3. The appellant has been facing trial in connection with a crime registered pursuant to First Information Report No.11199009240341 of 2024 dated 13.05.2024 lodged with Police Station Umalla, District Bharuch in respect of offences punishable under Sections 354D, 376(2)(n), 504 and 506(2) of the Indian Penal Code, 1860, along with Sections 66E, 67 and 67A of the Information Technology Act, 2000, Sections 3(1)(w)(i), 3(2)(v), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 135(i) of the Gujarat Police Act, 1951. 4. Being aggrieved by the judgment dated 27.11.2024 passed by the Additional Sessions Judge, Bharuch at Ankleshwar, by which the appellant's application for regular bail was dismissed, the appellant preferred an appeal under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 seeking to enlarge him on regular bail. The said appeal seeking regular bail having been rejected by the High Court vide impugned order dated 07.02.2025, the appellant has preferred the instant appeal. 5. This Court vide its order dated 05.03.2025, issued notice in the instant matter. 6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent(s) and perused the material on record. 7. Learned counsel for the appellant submitted that the appellant and the so-called victim are both in their mid twenties; that they were in a consensual relationship. However, the so-called victim has preferred the complaints, alleging various offences as against the appellant herein which are not proved at all. Learned counsel submitted that the appellant is in jail since 14.05.2024; the charges were framed only on 25.01.2025; that there are twenty three prosecution witnesses; and it is likely that the trial would be procrastinated. In the circumstances, it was submitted that the impugned order may be set aside and the relief of bail may be granted to the appellant herein. 8. In the circumstances, it was submitted that the impugned order may be set aside and the relief of bail may be granted to the appellant herein. 8. Per contra, learned counsel for the respondent-State, with reference to the counter affidavit contended that the allegations against the appellant are not only under the Indian Penal Code, 1860, but also under the Information Technology Act, 2000, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Gujarat Police Act, 1951; that there are several allegations alleged against the appellant herein and hence this is not a case where the relief of bail could be granted to the appellant. Learned counsel therefore submitted that there is no merit in this appeal. 9. Considering the facts on record, in our view, the case for regular bail is made out. 10. We, therefore, allow this appeal and direct as under: "The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No.11199009240341 of 2024 mentioned above." 11. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner. 12. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. 13. With these observations, the appeal is allowed. Pending application(s), if any, shall stand disposed of.