Citation : 2026 Latest Caselaw 2634 Guj
Judgement Date : 22 April, 2026
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R/CR.MA/9405/2026 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9405 of 2026
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AJAY @ANKIT JERAMBHAI UDHREJA Versus STATE OF GUJARAT ========================================================== Appearance:
SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 22/04/2026
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 with FIR being C.R. No. 11211050250558 of
2025 registered with Thangadh Police Station,
Surendranagar, for the offence punishable under Sections
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179 and 180 of the BNS.
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. Learned
advocate upon instructions submits that the applicant will
remain within the State of Gujarat during the trial.
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
discretion in favour of the applicant and the application
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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 District:
Surendranagar, hence, would be available at the time
of trial.
ii. The applicant has one antecedent which is not of
identical nature.
iii. The co-accused Ashish Mori was found in possession
of 97 counterfeit currency notes of Rs.500
denomination.
iv. As per the prosecution case, the applicant and co-
accused Ashish Mori had bought counterfeit currency
notes of Rs.500 denomination from one Shivam Varma,
which they had introduced in the market.
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v. The co-accused Ashish Mori has been released on
regular bail by the coordinate bench of this Court vide
order dated 09.01.2026 passed in Criminal Misc.
Application No.27898 of 2025.
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 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 FIR being C.R. No. 11211050250558 of 2025
registered with Thangadh Police Station, Surendranagar,
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on executing a bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) with two local sureties 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 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 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 along with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark presence every day twice in the morning and
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evening for a period of one month, thereafter on every
alternate day for a period of one month and thereafter
on every Wednesday before the concerned police
station till the trial is over.
[g] not to leave Surendranagar till the trial is over
without prior permission permission of the Sessions
Court concerned;
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 Court concerned will be at liberty to take
appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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 competent Court shall not
be influenced by any observations of this Court which are
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of preliminary nature, made at this stage only for the
purpose of enlarging the applicant on regular bail.
12. The application is allowed in the aforesaid terms.
Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH
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