[Cites 2, Cited by 0]
Gujarat High Court
Thakor Ashvin @ Vishal Dashrathbhai vs State Of Gujarat on 7 April, 2026
NEUTRAL CITATION
R/CR.MA/7849/2026 ORDER DATED: 07/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7849 of 2026
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THAKOR ASHVIN @ VISHAL DASHRATHBHAI & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR M R SAIYED(3362) for the Applicant(s) No. 1,2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 07/04/2026
ORAL ORDER
1. Heard learned advocate Mr. M. R. Saiyed appearing on behalf
of the applicants and learned Additional Public Prosecutor Ms. Jirga
Jhaveri appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicants have filed this application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
applicants on Regular Bail in connection with FIR being C.R.
No.11206023250568 of 2025 registered with Kheralu Police Station,
NEUTRAL CITATION
R/CR.MA/7849/2026 ORDER DATED: 07/04/2026
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District Mahesana for the offence punishable under Sections 317(4),
319(2), 318(4) and 61(2) of the BNS, 2023 as well as under Section
66(c) and 66(d) of the Information Technology Amendment Act,
2008.
4. Learned advocate for the applicants would submit that,
considering the role attributed to the applicants, and nature of the
allegation levelled, the applicants may be enlarged on regular bail.
It is further submitted that, since the charge-sheet is filed, further
incarceration of the applicants will not benefit the Investigation
Officer in any manner. It is further contended that, the applicants
are 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
applicants as coming out from the charge-sheet, this Court may not
exercise discretion in favour of the applicants and the application
NEUTRAL CITATION
R/CR.MA/7849/2026 ORDER DATED: 07/04/2026
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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 applicants are a permanent residents of Patan and
Mahesana districts, hence would be available at the time of trial;
ii. The are no criminal antecedents against the applicants;
iii. No recovery or discovery is to be effected from the
applicants;
iv. The amount of Rs.6,10,000/- was deposited by witnesses in
applicant No.1 Ashvin's account which was handed over to
accused No.1, whereas, Rs.60,000/- deposited in applicant No.2
Hardik's account was also handed over to accused No.1.
v. Accused No.1 Aditji Thakor has been considered by this Court
in regular bail vide order dated 30.03.2026 passed in Criminal
Misc. Application No.7353 of 2026. The roles of the present
applicants and accused No.1 are similar.
NEUTRAL CITATION
R/CR.MA/7849/2026 ORDER DATED: 07/04/2026
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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 applicants 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 applicants on regular bail.
9. Hence, the present application is allowed. The applicants are
ordered to be released on bail in connection with F.I.R. registered
as C.R. No.11206023250568 of 2025 registered with Kheralu Police
Station, District Mahesana, 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
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R/CR.MA/7849/2026 ORDER DATED: 07/04/2026
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prosecution;
[c] surrender their passport, if any, to the trial court within a
week, and if they does not possess a passport, they shall file an
affidavit to that effect;
[d] not leave the State of Gujarat without prior permission of the
Competent Court concerned;
[e] furnish the present address of their residence to the I.O. and
to the Court at the time of execution of the bond and shall not
change their residence without prior intimation to the I.O. and
the court;
[f] mark their presence on every Monday before the concerned
police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which,
they shall file affidavits before the concerned court and the
police station.
10. The Authorities will release the applicants only if they are not
required in connection with any other offence for the time being. If
breach of any of the above conditions is committed, the Sessions
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R/CR.MA/7849/2026 ORDER DATED: 07/04/2026
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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
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 applicants 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
