[Cites 1, Cited by 0]
Gujarat High Court
Mahavirsinh Pappubhai Vaghela vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/8891/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8891 of 2026
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MAHAVIRSINH PAPPUBHAI VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
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 the applicant on Regular Bail in connection
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R/CR.MA/8891/2026 ORDER DATED: 17/04/2026
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with FIR being C.R. No. 11189004252335 of 2025
registered with Morbi City 'B' Division Police Station,
Morbi, for the offence punishable under Sections 316(5),
318(4), 54, 317(2) and 61(2) of the BNS, 2023.
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, further incarceration of
the applicant will not benefit the Investigation Officer in
any manner. 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
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R/CR.MA/8891/2026 ORDER DATED: 17/04/2026
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out from the charge-sheet, this Court may not exercise
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 applicant is a permanent resident of Morbi, hence
would be available at the time of trial;
ii. The applicant does not have any criminal antecedents.
iii. As per the prosecution case, the role of the applicant
is that of providing his own mule account to the main
accused, wherein, the fraudulent money to the tune of
Rs.13,23,000/- was deposited, for which he had received
commission of Rs.8,500/-.
iv. The role of the applicant is akin to co-accused Pratik
Jiteshbhai Kubavat, who too had given his mule account
as well as his relative's mule account to the main
accused, and who has been considered for regular bail by
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R/CR.MA/8891/2026 ORDER DATED: 17/04/2026
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the coordinate bench vide order dated 08.04.2026 passed
in Criminal Misc. Application No. 7756 of 2026;
v. The apprehension of learned APP, as regards the
applicant indulging in similar kind of offence, if granted
bail, can be put to rest by imposing stringent conditions.
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.
9. Hence, the present application is allowed. The
applicant is ordered to be released on bail in connection
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R/CR.MA/8891/2026 ORDER DATED: 17/04/2026
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with FIR being C.R. No. 11189004252335 of 2025
registered with Morbi City 'B' Division Police Station,
Morbi, 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
prosecution;
[c] surrender passport, if any, to the lower court within a
week, and if he does not possess a passport, he shall file
an affidavit to that effect;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of his residence to the I.O.
and also to the Court at the time of execution of the bond
and shall not change his residence without prior
intimation to the I.O. and the court;
[f] mark presence on every Monday before the concerned
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police station till the completion of trial;
[g] not indulge in similar kind of offence hereinafter, for
which, he shall file affidavits before the concerned court
and the police station.
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 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 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 enlarging the applicant on regular bail.
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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)
DIVYA
