Gujarat High Court
Mahavirsinh Pappubhai Vaghela vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/8891/2026 ORDER DATED: 17/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8891 of 2026
==========================================================
MAHAVIRSINH PAPPUBHAI VAGHELA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. 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 Page 1 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:49 IST 2026 NEUTRAL CITATION R/CR.MA/8891/2026 ORDER DATED: 17/04/2026 undefined with FIR being C.R. No. 11189004252335 of 2025 registered with Morbi City 'B' Division Police Station, Morbi, for the offence punishable under Sections 316(5), 318(4), 54, 317(2) and 61(2) of the BNS, 2023.
4. 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, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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.
5. 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 Page 2 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:49 IST 2026 NEUTRAL CITATION R/CR.MA/8891/2026 ORDER DATED: 17/04/2026 undefined out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is a permanent resident of Morbi, hence would be available at the time of trial; ii. The applicant does not have any criminal antecedents. iii. As per the prosecution case, the role of the applicant is that of providing his own mule account to the main accused, wherein, the fraudulent money to the tune of Rs.13,23,000/- was deposited, for which he had received commission of Rs.8,500/-.
iv. The role of the applicant is akin to co-accused Pratik Jiteshbhai Kubavat, who too had given his mule account as well as his relative's mule account to the main accused, and who has been considered for regular bail by Page 3 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:49 IST 2026 NEUTRAL CITATION R/CR.MA/8891/2026 ORDER DATED: 17/04/2026 undefined the coordinate bench vide order dated 08.04.2026 passed in Criminal Misc. Application No. 7756 of 2026; v. The apprehension of learned APP, as regards the applicant indulging in similar kind of offence, if granted bail, can be put to rest by imposing stringent conditions.
7. 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.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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.
9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection Page 4 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:49 IST 2026 NEUTRAL CITATION R/CR.MA/8891/2026 ORDER DATED: 17/04/2026 undefined with FIR being C.R. No. 11189004252335 of 2025 registered with Morbi City 'B' Division Police Station, Morbi, on executing a bail 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 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, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;
[e] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court; [f] mark presence on every Monday before the concerned Page 5 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:49 IST 2026 NEUTRAL CITATION R/CR.MA/8891/2026 ORDER DATED: 17/04/2026 undefined police station till the completion of trial; [g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station.
10. 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.
11. 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.
12. 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 enlarging the applicant on regular bail. Page 6 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:49 IST 2026
NEUTRAL CITATION R/CR.MA/8891/2026 ORDER DATED: 17/04/2026 undefined
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) DIVYA Page 7 of 7 Uploaded by DIVYA PILLAI(HC00199) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:33:49 IST 2026