[Cites 1, Cited by 0]

Gujarat High Court

Simaben W/O Sikandarbhai Salimbhai ... vs State Of Gujarat on 28 April, 2026

Author: Nikhil S. Kariel

Bench: Nikhil S. Kariel

                                                                                                              NEUTRAL CITATION




                           R/CR.MA/9805/2026                                     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. 9805 of 2026
                      ==========================================================
                                    SIMABEN W/O SIKANDARBHAI SALIMBHAI LODHA
                                                      Versus
                                                STATE OF GUJARAT
                      ==========================================================
                      Appearance:
                      MR MOHSIN I SHAIKH(13048) for the Applicant(s) No. 1
                      MR.MINHAJ M SHAIKH(6847) for the Applicant(s) No. 1
                      MR TRUPESH KATHIRIYA, ADDL. PUBLIC PROSECUTOR for the
                      Respondent(s) No. 1
                      ==========================================================
                        CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                                         Date : 28/04/2026
                                                          ORAL ORDER

1. Heard learned advocate Mr.M.R.Savaliya for learned

advocate Mr.Minhaj Shaikh appearing on behalf of the

applicant and learned Additional Public Prosecutor

Mr.Trupesh Kathiriya 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. 11209017251086/2025 registered with

Himmatnagar Rural Police Station, Sabarkantha for the

offence punishable under Sections 3(1)(ii), 3(2), 3(4), 3(5) of

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the Gujarat Control of Terrorism and Organized Crime Act,

2015.

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 no useful purpose would be served by keeping

the applicant in jail for indefinite period. 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 out from

the charge-sheet, this Court may not exercise the 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

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aspects are considered:-

i. The allegation being that the accused had committed

offence punishable under the GUJCTOC Act, 2015.

ii. The allegation being that the accused had defrauded the

prospective client who wanted visa of various countries

for employment and had taken substantial amount from

them.

iii. The fact of the present applicant being wife of the main

accused and this Court having enlarged the present

applicant on regular bail in connection with all the six

FIRs which are triggered FIRs for filing of FIR under the

GUJCTOC Act.

iv. The aspects having been considered by this Court in the

said order i.e. order dated 28.01.2026 in Criminal Misc.

Application No.1919/2026 and allied matters, being

relevant for the present purpose, this Court reproduces

the same hereinbelow:-

"[1] The allegation being that the accused having conspired, having defrauded persons who wanted visa for employment in another countries, and whereas the accused having taken substantial money from the complainant and other victims.

[2] The fact that while the applicant is a Director of the company in question, yet it

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would not appear that the applicant had any role to play in the entire fraud.

[3] It also does not appear that the applicant had either met any of the victims or had in any manner induced or given any assurance to the victims in question.

[4] The fact of the applicant not having accepted any of the money in question.

[5] The fact of the applicant being a lady accused more particularly being the wife of the main accused more particularly without having any role to play in the offence in question.

[6] The fact of the applicant as per the statement made by learned Advocate Mr. Champavat being ready and willing to deposit an amount of Rs.75 Lakhs without any prejudice to her rights whereas Rs.25 Lakhs would be deposited as a precondition of her release and remaining Rs.50 lakhs would be deposited within a period of three months from the date of actual release. "

v. Learned advocate Mr.Savaliya, under instruction, would

submit that condition no.[6] above, may govern release of

the present applicant in the present FIR also.

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

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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. 11209017251086/2025 registered with

Himmatnagar Rural Police Station, Sabarkantha, on executing

a 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 mentioned in order

dated 28.01.2026 in Criminal Misc. Application No.1919/2026

and allied matters, that is to say that the conditions

mentioned in order dated 28.01.2026 will govern release of

the present applicant in the present application also. Hence,

the conditions of order dated 28.01.2026 are reproduced

hereinbelow:-

"[a] deposit an amount of Rs.75 Lakhs with the learned trial Court as voluntary submitted by learned Advocate for the applicant. An amount of Rs.25 Lakhs to be deposited as a precondition for being released on regular bail.

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[b] file an undertaking within a period of one week from the date of her actual release before the learned Trial Court to the effect that the applicant to deposit the remaining amount of Rs.50 Lakhs within a period of three months from the date of her actual release.

[c] Any default in paying the remaining amount within the time stipulated in the undertaking i.e three months would entitle the learned trial Court to take appropriate steps including for cancellation of present bail albeit after giving notice to the applicant.

[d] the amount of Rs. 75 Lakhs shall be invested in a Fixed Deposit Receipt, earning reasonable returns and whereas the learned trial Court shall decide as regards the apportionment/appropriation of the said amount as per the final decision of the trial.

[e] upon depositing the amount of Rs.25 Lakhs, the learned trial Court to issue process for release of the present applicant if she is not required in any other offence.

[f[ not take undue advantage of liberty or misuse liberty;

[g] not act in a manner injurious to the interest of the prosecution;

[h] surrender passport, if any, to the lower court within a week;

[i] not leave the State of Gujarat without prior permission of the Sessions Court concerned;

[j] furnish the proposed address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior intimation to the I.O."

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9. The Authorities will release the applicant only if she 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.