Gujarat High Court
Himmat Vallabhabhai Unava vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11337/2026 ORDER DATED: 13/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11337 of 2026
==========================================================
HIMMAT VALLABHABHAI UNAVA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
ARCHANABEN B GOSWAMI(8154) for the Applicant(s) No. 1
MR MAHENDRA U VORA(3034) for the Applicant(s) No. 1
MS JYOTI BHATT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
ORAL ORDER
1. Heard learned advocate Mr. Mahedra Vora with learned advocate Ms. Archanaben Goswami appearing on behalf of the applicant 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, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. Page 1 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Fri May 15 2026 Downloaded on : Sat May 16 00:20:49 IST 2026 NEUTRAL CITATION R/CR.MA/11337/2026 ORDER DATED: 13/05/2026 undefined No.11196040250047 of 2025 registered with Cyber Crime Police Station, District Vadodara for the offence punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 54 and 61(2) of the BNS, 2023, as well as under Section 66(d) of The Information Technology Amendment Act, 2008.
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 out from the charge-sheet, this Court may not Page 2 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Fri May 15 2026 Downloaded on : Sat May 16 00:20:49 IST 2026 NEUTRAL CITATION R/CR.MA/11337/2026 ORDER DATED: 13/05/2026 undefined 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 chargesheet papers. Following aspects are considered:-
i. The applicant is a permanent resident of Amreli district, hence would be available at the time of trial; ii. The investigation being over and chargesheet has been filed; iii. Learned advocate for the applicant submits that, the applicant has two previous antecedents wherein, one offence came to be registered under the Prohibition Act, whereas, second offence was registered under Section 188 of the IPC, during the Covid period;
iv. As per the prosecution case, prosecution witness Kishan Bhartbhai Unava in his submission before the Investigating Officer has stated that, the applicant who happens to be his distant relative was in need of money for his mother's treatment, and as such, it was this prosecution witness who had introduced Page 3 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Fri May 15 2026 Downloaded on : Sat May 16 00:20:49 IST 2026 NEUTRAL CITATION R/CR.MA/11337/2026 ORDER DATED: 13/05/2026 undefined co-accused Vijay Jaysukhbhai Charola to the present applicant, upon whose instructions the present applicant had opened an account in IDFC bank, which he had given to the said co- accused Vijay Jaysukhbhai Charola.
v. Further, as per the prosecution case, and more particularly as mentioned on the Investigating Officer's affidavit, which was submitted before the learned Sessions Court at Vadodara, in CRMA No.770 of 2026, Rs.5,00,000/- came to be deposited in the applicant's account for which, he had received Rs.20,000/- towards the commission.
vi. The apprehension of the learned APP, as regards the appellant would indulge in similar or such offence, if granted bail can be put to rest by imposing suitable 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 Page 4 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Fri May 15 2026 Downloaded on : Sat May 16 00:20:49 IST 2026 NEUTRAL CITATION R/CR.MA/11337/2026 ORDER DATED: 13/05/2026 undefined 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 with F.I.R. registered as C.R. No.11196040250047 of 2025 registered with Cyber Crime Police Station, District Vadodara, 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 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 State of Gujarat without prior permission of the Page 5 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Fri May 15 2026 Downloaded on : Sat May 16 00:20:49 IST 2026 NEUTRAL CITATION R/CR.MA/11337/2026 ORDER DATED: 13/05/2026 undefined Competent 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 on once a week before the concerned police station till the trial is over;
[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 at liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial court having jurisdiction to try the case. It will be open for the concerned Court Page 6 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Fri May 15 2026 Downloaded on : Sat May 16 00:20:49 IST 2026 NEUTRAL CITATION R/CR.MA/11337/2026 ORDER DATED: 13/05/2026 undefined to delete, modify and/or relax any of the above conditions in accordance with law.
12. 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.
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) KAJAL Page 7 of 7 Uploaded by MS.KAJAL KISHORBHAI NAVLAKHA (HCD0076) on Fri May 15 2026 Downloaded on : Sat May 16 00:20:49 IST 2026