Gujarat High Court
Bhagwanbhai Narayanbhai Patel vs State Of Gujarat on 28 April, 2026
NEUTRAL CITATION
R/CR.MA/1778/2026 ORDER DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1778 of 2026
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BHAGWANBHAI NARAYANBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1
MR K J PANCHAL(2422) for the Respondent(s) No. 1
MS JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 28/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Zubin F. Bharda with learned advocate Mr. Raajen D. Jadhav appearing on behalf of the applicant, learned advocate Mr. K. J. Panchal appearing on behalf of the respondent - Bank and learned Additional Public Prosecutor Ms. Jyoti Bhatt 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, Page 1 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026 NEUTRAL CITATION R/CR.MA/1778/2026 ORDER DATED: 28/04/2026 undefined 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11201016200007 of 2020 registered with CID Crime (Surat Zone) Police Station, District Surat for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 120B of Indian Penal Code.
4. Learned advocate Mr. Bharda for the applicant has submitted the undertaking of the applicant wherein it is stated that the applicant and co-accused Ashwinbhai Narayanbhai Patel would deposit Rs.40 lakhs more, within a period of 6 months whereby, Rs. 10 lakhs would be deposited on or before 10.05.2026, and thereafter, the remaining balance amount of Rs.30 lakhs in monthly installments of Rs.5 lakhs each, commencing from June 2026 till December 2026.
5. Learned advocate Mr. Bharda has also stated that, till date, the Bank has recovered Rs.4,65,00,000/- from the applicant and co-accused Ashwinbhai. Hence, considering the undertaking as a gesture of willingness from the applicant to show his bonafide, the undertaking may be accepted and the bail application may be Page 2 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026 NEUTRAL CITATION R/CR.MA/1778/2026 ORDER DATED: 28/04/2026 undefined allowed.
6. Learned advocate Mr. K. J. Panchal on behalf of the respondent Bank has at the outset submitted that, inspite of the Bank having recovered Rs.4,65,00,000/- from the applicant and the co-accused, there still remains huge amount to be recovered from the applicant. Mr. Panchal has drawn the attention of the Court to the fact that, previously, when the Court had given time to the applicant and the co-accused, upon their own request and volition to deposit loan amount, they had faltered and had failed to deposit the monies as promised before the Court, pursuant to which, their bails were cancelled. Mr. Panchal upon instructions, has submitted that the applicant and the co-accused if at all want to show their bonafide, out of the total amount of Rs.40,00,000/- as promised by them, at this juncture must deposit Rs.20,00,000/- and thereafter, the remaining amount of Rs.20,00,000/- during the period of six months.
7. Mr. Panchal has also submitted that the Bank is ready and willing to accept this amount without prejudice to the Bank's civil rights as well as their Page 3 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026 NEUTRAL CITATION R/CR.MA/1778/2026 ORDER DATED: 28/04/2026 undefined averments in the complaints filed under the Negotiable Instruments Act before the concerned Court, against the applicant and the co-accused.
8. 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 Surat district, hence would be available at the time of trial; ii. Investigation is over. Charge-sheet has been filed. iii. Out of the total loan amount with accrued interest there upon till date, the Bank has recovered Rs.4,65,00,000/- from the applicant and the co-accused. iv. The applicant and co-accused Ashwinbhai having submitted separate undertakings to deposit Rs.10 lakhs before the trial Court on or before 10.05.2026 and thereafter, shall deposit the remaining amount of Rs.30 lakhs in monthly installments of Rs.5 lakhs each, commencing from June 2026 until December 2026.
v. The applicant and co-accused have also shown willingness to file similar undertakings before the trial Page 4 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026 NEUTRAL CITATION R/CR.MA/1778/2026 ORDER DATED: 28/04/2026 undefined Court.
vi. The apprehension of the learned APP that, the applicant would once again indulge in similar or such offence, can be put to rest by imposing stringent conditions.
9. 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.
10. 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.
11. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11201016200007 of 2020 with CID Crime (Surat Zone) Police Station, District Surat, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two Page 5 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026 NEUTRAL CITATION R/CR.MA/1778/2026 ORDER DATED: 28/04/2026 undefined sureties 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 his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect; [d] not leave the local limits of Surat district without prior permission of the Trial Court concerned; [e] furnish the present address of his residence to the I.O. and 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 his presence once every month before the concerned police station till the trial is over; [g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station. Page 6 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026
NEUTRAL CITATION R/CR.MA/1778/2026 ORDER DATED: 28/04/2026 undefined [h] A fresh undertaking to be filed by the applicant before the trial Court within 10 days of his release based upon the undertaking that has been presented before this Court today, and based upon the substance of the said undertaking, the Court having passed this order.
12. 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.
13. Bail bond to be executed before the trial 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.
14. 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. The application is allowed in the aforesaid terms. Rule is Page 7 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026 NEUTRAL CITATION R/CR.MA/1778/2026 ORDER DATED: 28/04/2026 undefined made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) MAYA Page 8 of 8 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:04:50 IST 2026