[Cites 1, Cited by 0]
Gujarat High Court
Gokulbhai Chitharbhai Karmatiya vs State Of Gujarat on 2 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6898/2026 ORDER DATED: 02/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6898 of 2026
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GOKULBHAI CHITHARBHAI KARMATIYA
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR. KISHAN H DAIYA(6929) for the Respondent(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/04/2026
ORAL ORDER
1. Heard learned advocate Mr. B.M. Mangukiya appearing
on behalf of the applicants, learned Additional Public
Prosecutor Mr. J.K.Shah appearing on behalf of the
respondent-State and learned advocate Mr. Dhaval Shrimal
for learned advocate Mr. Kishan Daiya for the original
complainant.
2. Rule. Learned APP waives service of rule on behalf of
the respondent-State.
3. The applicant has filed these 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. 11198068260066 of 2026 registered with
Bharatnagar Police Station, Bhavnagar, for the offence
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R/CR.MA/6898/2026 ORDER DATED: 02/04/2026
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punishable under Sections 316(2), 316(5), 351(3), 352, 308(5),
3(5) and 204 of the BNS and Sections 40 and 42 of the Gujarat
Money Lending Act.
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 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 and learned advocate Mr. Shrimal appearing for
the respondent - State and original complainant have
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, this Court may not
exercise the discretion in favour of the applicants and the
applications 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 FIR prima facie appearing to be abuse of the
process of law, more particularly the FIR inter alia
alleging that the registered sale deed, which is
entered into by the father of the complainant with
relative of the present applicant, was for the purpose
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R/CR.MA/6898/2026 ORDER DATED: 02/04/2026
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of security for a loan, which had been availed of by
the complainant and whereas the present applicant
and other accused having sold off the property in
question, without any reference to the complainant
or his family members.
(ii) Prima facie, it would appear that the registered sale
deed in question, which is entered into by the
complainant with the father of the complainant with
the relatives of the applicant was entered in the year
2018. It also appears that the sale deed does not
contain any averment as regards the sale deed being
entered into as security for any loan obtained by the
father of the complainant and his family members.
(iii) The fact of the property having been sold in the year
2021 and whereas the complaint being filed in year
2026, after a delay of four years.
(iv) Certain other allegations of misrepresentation etc.
having been levelled, yet, prima facie, it would
appear that the same may not be co-relatable with
the main allegation in the FIR.
(v) The fact of no Civil Suit being filed in the
interregnum.
(vi) Considering the above, this Court is inclined to direct
to release the applicant.
This Court has taken into consideration the law laid
down by the Hon'ble Apex Court in the case of Sanjay
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Chandra v. Central Bureau of Investigation reported in
[2012] 1 SCC 40.
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 applications are allowed. The
applicant is ordered to be released on bail in connection with
F.I.R. registered as C.R. No.11198068260066 of 2026
registered with Bharatnagar Police Station, Bhavnagar, on
executing a bond of Rs.25,000/- (Rupees Twenty Five
Thousand only) each 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;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and
also to the Court at the time of execution of the bond and
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shall not change the residence without prior intimation to
the I.O.;
[f] mark presence once a month for a period of six months
before the concerned police station.
9. The Authorities will release the applicants 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.
10. 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. 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
considering the application of the applicant for being released
on regular bail.
12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
A copy of this order shall also be sent to the
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Superintendent of Police, Bhavnagar, for information and
necessary action, if any.
(NIKHIL S. KARIEL,J)
Bhoomi
