Bharat @Chhutraram Shankarlal ... vs State Of Gujarat

Citation : 2026 Latest Caselaw 2699 Guj
Judgement Date : 23 April, 2026

[Cites 1, Cited by 0]

Gujarat High Court

Bharat @Chhutraram Shankarlal ... vs State Of Gujarat on 23 April, 2026

                                                                                                                   NEUTRAL CITATION




                             R/CR.MA/9500/2026                                       ORDER DATED: 23/04/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                         CHARGESHEET) NO. 9500 of 2026

                       ==========================================================
                                    BHARAT @CHHUTRARAM SHANKARLAL CHAUDHARI
                                                      Versus
                                                STATE OF GUJARAT
                       ==========================================================
                       Appearance:
                       MR ARJUNSINGH B CHAUHAN(11510) for the Applicant(s) No. 1
                       MR PRADEEP A SINGH(11873) for the Applicant(s) No. 1
                       MR.SOAHAM JOSHI, APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
                                DESAI

                                                         Date : 23/04/2026

                                                          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 with FIR being C.R. No.11210002254026 of 2025, registered with Sachin GIDC Police Station, Page 1 of 7 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:50 IST 2026 NEUTRAL CITATION R/CR.MA/9500/2026 ORDER DATED: 23/04/2026 undefined District:Surat, for the offences alleged therein.

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. Learned advocate upon instructions submits that the applicant will remain within the State of Gujarat during the trial.

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 out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application Page 2 of 7 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:50 IST 2026 NEUTRAL CITATION R/CR.MA/9500/2026 ORDER DATED: 23/04/2026 undefined 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, along with one Shankar Chaudhary, who were acting as brokers, introduced the original accused Awadhesh to the present complainant. Pursuant to the said introduction, the complainant and the original accused entered into business transactions on various occasions, and part payments were also made from time to time.
ii. However, a total sum of Rs. 2,95,55,683/- remained unpaid by the main accused Awadhesh, and the cheques issued towards the said transactions were returned dishonoured.
iii. The applicant herein had only received Rs.1,62,000/- towards brokerage and was never in receipt of Page 3 of 7 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:50 IST 2026 NEUTRAL CITATION R/CR.MA/9500/2026 ORDER DATED: 23/04/2026 undefined consignments of Grey Sarees from the original complainant.
iv. The applicant has no past antecedents; v. Co-accused Chhutraram @ Dinesh Kumavat Jassaram, who too, was the broker and along with the applicant had introduced Mr.Awadesh to the original complainant, has been considered by the coordinate bench of this Court vide order dated 02.04.2026 passed in Criminal Misc. Application No.7596 of 2026. vi. The learned advocate for the applicant has assured that the applicant will not flee from justice and would be available during investigation as well as the trial.
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.
Page 4 of 7 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:50 IST 2026
NEUTRAL CITATION R/CR.MA/9500/2026 ORDER DATED: 23/04/2026 undefined

7. 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No.11210002254026 of 2025, registered with Sachin GIDC Police Station, District:Surat, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local 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 trial court within Page 5 of 7 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:50 IST 2026 NEUTRAL CITATION R/CR.MA/9500/2026 ORDER DATED: 23/04/2026 undefined 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 along with documentary proof and shall not change his residence without prior intimation to the I.O. and the court;

[f] mark presence once a week on every Monday before the concerned police station for a period of six months.

9. 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 Court concerned will be at liberty to take appropriate action in accordance with law.

10. Bail bond to be executed before the competent Court having jurisdiction to try the case. It will be open for the Page 6 of 7 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:50 IST 2026 NEUTRAL CITATION R/CR.MA/9500/2026 ORDER DATED: 23/04/2026 undefined concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

11. At the stage of trial, the competent 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.

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

(UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH Page 7 of 7 Uploaded by ANKIT SHAH(HC01063) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:50 IST 2026