[Cites 1, Cited by 0]
Gujarat High Court
Avanbhai Abdulkarimbhai Makand (Avan ... vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/8903/2026 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. 8903 of 2026
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AVANBHAI ABDULKARIMBHAI MAKAND (AVAN ABDULKARIM MAKAD
JATE MUSLIM)
Versus
STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) 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 for 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,
NEUTRAL CITATION
R/CR.MA/8903/2026 ORDER DATED: 17/04/2026
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2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11211057251910 of
2025 registered with Surendranagar City 'A' Division
Police Station, Surendranagar for the offence punishable
under Sections 317(2), 317(4), 318(4) and 54 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 submitted 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
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R/CR.MA/8903/2026 ORDER DATED: 17/04/2026
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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
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
Surendranagar, hence would be available at the time of
trial;
ii. As per the case of the prosecution, the applicant had
given his two bank accounts to co-accused Kuldipsinh
Chavda and Laxya Kamboya for the purpose of
depositing cyber fraud amounts, for which he had
received the commission of Rs.18,000/-;
iii. The applicant does not have any criminal
antecedents;
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R/CR.MA/8903/2026 ORDER DATED: 17/04/2026
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iv. The investigation is over and charge-sheet has been
filed.
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 applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11211057251910 of 2025 registered with Surendranagar
City 'A' Division Police Station, Surendranagar on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
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R/CR.MA/8903/2026 ORDER DATED: 17/04/2026
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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 his passport, if any, to the trial 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 Trial Court concerned;
[e] furnish the present address of his residence to the
I.O. and to the Court at the time of execution of the
bond together with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark his presence before the concerned police
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R/CR.MA/8903/2026 ORDER DATED: 17/04/2026
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station every Monday till the trial is over;
[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 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
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R/CR.MA/8903/2026 ORDER DATED: 17/04/2026
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purpose of enlarging the applicant on regular bail. 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
