[Cites 1, Cited by 0]
Gujarat High Court
Munnabhai Ibrahimbhai Chandani vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.A/3138/2025 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
3138 of 2025
With
R/CRIMINAL APPEAL NO. 252 of 2026
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MUNNABHAI IBRAHIMBHAI CHANDANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JAYESH A KOTECHA(5293) for the Appellant(s) No. 1
HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 2
MR VASHISTHA M JOSHI(8972) for the Opponent(s)/Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr. J.A. Kotecha appearing on behalf
of the appellants, learned Additional Public Prosecutor Mr. Hardik
Mehta, appearing on behalf of the respondent-State and learned
advocate Mr. V.M. Joshi appearing on behalf of the respondent
no.2.
2. Rule. Learned APP waives service of rule on behalf of the
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R/CR.A/3138/2025 ORDER DATED: 08/04/2026
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respondent-State.
3. The applicants have 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.
11203004250465 of 2025 registered with 'C' Division Junagadh
Police Station, Junagadh, for the offence punishable under Sections
316(2), 318(4), 308(5), 296(b), 351(3) and 54 of the BNS Act and
Sections 3(1)(r)(s), 3(2)(v) of the Schedule Case and Schedule Tribe
(Prevention of Atrocity) Act, 1989.
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 charge-sheet is filed, no useful
purpose would be served by keeping the applicant in jail for
indefinite period. 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.
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7. 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 the 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 papers. Following aspects are
considered:-
i. The allegation being that the applicants had duped the
complainant by taking money for the purpose of buying a JCB and
whereas, neither provided the JCB nor returned the money.
ii. The allegation is also that upon the complainant going to collect
his money, he had been abused, more particularly on basis of his
caste by the applicants herein.
iii. The fact of the allegation as regards under the Schedule Case
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R/CR.A/3138/2025 ORDER DATED: 08/04/2026
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and Schedule Tribe (Prevention of Atrocity) Act, being to have been
stated inside the residence of the applicant.
iv. The fact of the applicants being in custody since August, 2025
i.e. approximately 8 months.
v. While the present applicants appears to be habituated in
commenting such kind of offence, more particularly there being
several antecedents against the present applicants and two FIRs filed
subsequently more particularly, the later FIR with the self same
allegations as in the present FIR.
vi. This Court also taken into consideration, the voluntarily
statement made by learned advocate Mr. Kotecha that the
applicants would jointly deposit an amount of Rs. 3,00,000/- as a
pre-condition of the release and Rs. 2,50,000/- within a period of
one month after the release with the learned Trial Court.
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.
7. In the facts and circumstances of the case and considering the
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nature of the allegations made against 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 F.I.R. registered
as C.R. No. 11203004250465 of 2025 registered with 'C' Division
Junagadh Police Station, Junagadh, on executing a bond of
Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the
like amount to the satisfaction of the trial Court and subject to the
conditions that they 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 shall not change
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the residence without prior intimation to the I.O.;
[f] to mark their presence once a month for a period of one year,
before the concerned police station;
9. Upon the entire amount being deposited learned Trial Court
shall have the money invested in a fixed deposit earning reasonable
interest. Learned Trial Court shall also take an appropriate decision
as regards the disbursement/return/apportionment as per the final
outcome of the trial.
10. The Authorities will release the applicants only if they 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.
11. 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
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accordance with law.
12. 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 applicants for being released on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
PD
