[Cites 10, Cited by 0]
Gujarat High Court
Bhagwanbhai Narayanbhai Patel vs State Of Gujarat on 28 April, 2026
NEUTRAL CITATION
R/CR.MA/1778/2026 ORDER DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 1778 of 2026
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BHAGWANBHAI NARAYANBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1
MR K J PANCHAL(2422) for the Respondent(s) No. 1
MS JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 28/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Zubin F. Bharda with
learned advocate Mr. Raajen D. Jadhav appearing on
behalf of the applicant, learned advocate Mr. K. J.
Panchal appearing on behalf of the respondent - Bank
and learned Additional Public Prosecutor Ms. Jyoti Bhatt
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,
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R/CR.MA/1778/2026 ORDER DATED: 28/04/2026
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2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11201016200007 of
2020 registered with CID Crime (Surat Zone) Police
Station, District Surat for the offences punishable under
Sections 406, 409, 420, 465, 467, 468, 471 and 120B of
Indian Penal Code.
4. Learned advocate Mr. Bharda for the applicant has
submitted the undertaking of the applicant wherein it is
stated that the applicant and co-accused Ashwinbhai
Narayanbhai Patel would deposit Rs.40 lakhs more,
within a period of 6 months whereby, Rs. 10 lakhs
would be deposited on or before 10.05.2026, and
thereafter, the remaining balance amount of Rs.30 lakhs
in monthly installments of Rs.5 lakhs each, commencing
from June 2026 till December 2026.
5. Learned advocate Mr. Bharda has also stated that,
till date, the Bank has recovered Rs.4,65,00,000/- from
the applicant and co-accused Ashwinbhai. Hence,
considering the undertaking as a gesture of willingness
from the applicant to show his bonafide, the undertaking
may be accepted and the bail application may be
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R/CR.MA/1778/2026 ORDER DATED: 28/04/2026
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allowed.
6. Learned advocate Mr. K. J. Panchal on behalf of
the respondent Bank has at the outset submitted that,
inspite of the Bank having recovered Rs.4,65,00,000/-
from the applicant and the co-accused, there still remains
huge amount to be recovered from the applicant. Mr.
Panchal has drawn the attention of the Court to the fact
that, previously, when the Court had given time to the
applicant and the co-accused, upon their own request and
volition to deposit loan amount, they had faltered and
had failed to deposit the monies as promised before the
Court, pursuant to which, their bails were cancelled. Mr.
Panchal upon instructions, has submitted that the
applicant and the co-accused if at all want to show their
bonafide, out of the total amount of Rs.40,00,000/- as
promised by them, at this juncture must deposit
Rs.20,00,000/- and thereafter, the remaining amount of
Rs.20,00,000/- during the period of six months.
7. Mr. Panchal has also submitted that the Bank is
ready and willing to accept this amount without
prejudice to the Bank's civil rights as well as their
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averments in the complaints filed under the Negotiable
Instruments Act before the concerned Court, against the
applicant and the co-accused.
8. 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 Surat
district, hence would be available at the time of trial;
ii. Investigation is over. Charge-sheet has been filed.
iii. Out of the total loan amount with accrued interest
there upon till date, the Bank has recovered
Rs.4,65,00,000/- from the applicant and the co-accused.
iv. The applicant and co-accused Ashwinbhai having
submitted separate undertakings to deposit Rs.10 lakhs
before the trial Court on or before 10.05.2026 and
thereafter, shall deposit the remaining amount of
Rs.30 lakhs in monthly installments of Rs.5 lakhs
each, commencing from June 2026 until December
2026.
v. The applicant and co-accused have also shown
willingness to file similar undertakings before the trial
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Court.
vi. The apprehension of the learned APP that,
the applicant would once again indulge in similar
or such offence, can be put to rest by imposing
stringent conditions.
9. 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.
10. 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.
11. Hence, the applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11201016200007 of 2020 with CID Crime (Surat Zone)
Police Station, District Surat, on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with two
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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 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 local limits of Surat district 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 and shall not change his residence without prior
intimation to the I.O. and the court;
[f] mark his presence once every month before the
concerned police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file an affidavit before the
concerned court and the police station.
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[h] A fresh undertaking to be filed by the applicant
before the trial Court within 10 days of his release
based upon the undertaking that has been presented
before this Court today, and based upon the substance
of the said undertaking, the Court having passed this
order.
12. 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.
13. 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.
14. 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 purpose of enlarging the applicant on regular bail.
The application is allowed in the aforesaid terms. Rule is
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made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
