Shital Ashish Shah vs State Of Gujarat

R/CR.MA/3918/2025 ORDER DATED: 24/03/2025

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 3918 of 2025 ========================================================== SHITAL ASHISH SHAH Versus STATE OF GUJARAT ========================================================== Appearance: MS BANNA S DUTTA(315) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 24/03/2025 ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being CR-No. 11191045240411 of 2024 registered with Sola High Court Police Station, Ahmedabad City for the offences punishable under Sections 193, 196, 465, 467, 468 and 471 of the Indian Penal Code, 1860.

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and the allegations against the present applicant is that she has forged the death certificate of her husband for getting extension of temporary bail. It is submitted that applicant is a lady. Case is based on the documentary evidence. Now nothing is required to be recovered and discovered from the accused. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP, appearing on behalf of the respondent-State, has opposed the present application, stating that the applicant is involved in a serious offence and has forged documents. Although her husband is alive,

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R/CR.MA/3918/2025 ORDER DATED: 24/03/2025

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she produced a forged death certificate to obtain an extension of temporary bail. In this regard, after filing the charge-sheet, sufficient material has been collected, and her husband is also out of reach is shown in Column No.2 of the charge-sheet. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of her abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) investigation is over and charge-sheet is filed; (2) offence is based on documentary evidence;

(3) None of the offence alleged is punishable with life sentence or death penalty;

(4) Applicant is behind the bars since 01.12.2024; (5) There is nothing to be recovered or discovered from the applicant; (6) the allegations against the present applicant is that for getting the extension of temporary bail, she has produced forged death

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R/CR.MA/3918/2025 ORDER DATED: 24/03/2025

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certificate of her husband, despite his being alive; (7) commencement of trial will take its own time;

(8) applicant is lady accused; (9) case is triable by the JMFC; (10) co-accused remained absconder is not a ground to deny the bail;

[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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 regular bail in connection with FIR being CR-No. 11191045240411 of 2024 registered with Sola High Court Police Station, Ahmedabad City , on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

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R/CR.MA/3918/2025 ORDER DATED: 24/03/2025

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(c) surrender passport, if any, to the Trial Court within a week; (d) not leave the State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned Police Station once in a month

between 11.00 a.m. and 2.00 p.m., for a period of six months;

(f) furnish the UIDAI Number, Contact Number/s, Passport Number (if she is having the passport), E-mail address and present address of her residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

[9.0] The authorities will release the applicant only if she 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.

[10.0] 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.

[11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.

[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.

[13.0] Registry is directed to intimate the concerned jail authority about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.

(HASMUKH D. SUTHAR,J) KUMAR ALOK

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