[Cites 1, Cited by 0]
Gujarat High Court
Amitbhai Mehurbhai Ulva vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7950/2026 ORDER DATED: 08/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 7950 of 2026
========================================================
AMITBHAI MEHURBHAI ULVA
Versus
STATE OF GUJARAT
========================================================
Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR HARDIK MEHTA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned Advocate Mr. B.M. Mangukiya on behalf of the
applicant and learned Additional Public Prosecutor Mr. Hardik Mehta for
the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The present applicant who has been arraigned as an accused has
preferred 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. 11198015251918 of 2025 registered
with Bortalav Police Station, District: Bhavnagar for offences
punishable under Sections 338, 336(2), 336(3), 340(2), and 54 of the
Bhatriya Nyay Sanhita, 2023 after filing of the charge-sheet more particularly
NEUTRAL CITATION
R/CR.MA/7950/2026 ORDER DATED: 08/04/2026
undefined
the application preferred by the applicant having been rejected by the
learned Trial Court.
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 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.
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 exercise the discretion in favour of the applicant
and the application may be dismissed.
6. This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The allegation being that the accused had prepared forged
documents and had transacted valuable properties.
(ii) The allegation against the present applicant being that he was
instrumental in preparing allegedly forged documents.
(iii) Prima facie it would appear that while the charge-sheet inter
NEUTRAL CITATION
R/CR.MA/7950/2026 ORDER DATED: 08/04/2026
undefined
alia states about the present applicant having prepared the allegedly
forged document i.e. a share certificate, and whereas while it would
appear that the present applicant may have discussed similar
transaction with other witnesses yet, this Court has considered the
fact that the applicant is in custody since 18.11.2025 that investigating
officer has laid charge-sheet and that the applicant does not have any
antecedents.
(iv) This Court has also considered the fact that the role of the
present applicant may not be very clear from a bare perusal of the
charge-sheet papers and whereas while the present applicant at some
point of time is shown as an accomplice in the affidavit of the
Investigating Officer etc., the present applicant is listed as main
accused.
(v) Considering the same, since the evidence collected is
documentary in nature and whereas there are no other antecedents
this Court is inclined to consider this application.
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 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.
NEUTRAL CITATION
R/CR.MA/7950/2026 ORDER DATED: 08/04/2026
undefined
9. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11198015251918
of 2025 registered with Bortalav Police Station, District: Bhavnagar
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 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 to leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] Mark presence in the concerned Police Station once in a month
for a period of one year;
[f] 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 the
residential address without prior intimation to the I.O.
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 Judge 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 accordance with law.
NEUTRAL CITATION
R/CR.MA/7950/2026 ORDER DATED: 08/04/2026
undefined
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 applicant
for being released on regular bail.
15. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
