[Cites 3, Cited by 0]
Gujarat High Court
Kishorkumar Junjaram Vayla ... vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/8051/2026 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 8051 of 2026
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KISHORKUMAR JUNJARAM VAYLA (CHAUDHARY)
Versus
STATE OF GUJARAT
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Appearance:
MRDHRUVIN P BHUPTANI(8295) for the Applicant(s) No. 1
KISHAN Y DAVE(8293) for the Applicant(s) No. 1
MR HARDIK MEHTA ADDL. PUBLIC PROSECUTOR for the 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.Dhruvin Bhuptani appearing
on behalf of the applicant and learned Additional Public
Prosecutor Mr. Hardik Mehta 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
NEUTRAL CITATION
R/CR.MA/8051/2026 ORDER DATED: 08/04/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11193050250630 of 2025 registered with Rajula
Police Station, Amreli for the offence punishable under Sections
318(4), and 61(1) of the BNS Act and under Section 3 of the
Gujarat Protection of Interest of Depositors (in Financial
Establishment) Act, 2003 and under Sections 3 and 4 of the
Prize Chits and Money Circulation Schemes (Banning) Act,
1978.
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
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, this Court may not exercise the discretion in
favour of the applicant and the application may be dismissed.
NEUTRAL CITATION
R/CR.MA/8051/2026 ORDER DATED: 08/04/2026
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6. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. Allegation being that the accused had lured victims by
promising them domestic items at a rate cheaper than the
market rate and had collected an amount of approximately
Rs.1,37,000/-, more particularly, the accused conducting a
lucky draw.
ii. The fact of co-accused having been considered by this
Court vide orders dated 07.10.2025 and 25.09.2025.
iii. The fact that the name of the applicant reveals from the
statement of the co-accused and prima facie there being no
independent material against the applicant.
iv. The fact of the applicant not having any antecedents and
in custody since 17.03.2026 this Court is inclined to grant
bail.
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
NEUTRAL CITATION
R/CR.MA/8051/2026 ORDER DATED: 08/04/2026
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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 application is allowed. The applicant
is ordered to be released on bail in connection with F.I.R.
registered as C.R. No. 11193050250630 of 2025 registered with
Rajula Police Station, Amreli, on executing a bond of
Rs.10,000/- (Rupees Ten 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 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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R/CR.MA/8051/2026 ORDER DATED: 08/04/2026
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shall not change the residence without prior intimation to
the I.O.;
[f] mark presence once a fortnight till the charge-sheet is
filed and thereafter once a month for a period of three
months before the concerned police station.
9. 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 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.
NEUTRAL CITATION
R/CR.MA/8051/2026 ORDER DATED: 08/04/2026
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12. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
NAIR SMITA V./28-DB
