Citation : 2026 Latest Caselaw 287 Guj
Judgement Date : 2 February, 2026
NEUTRAL CITATION
R/CR.MA/26331/2025 ORDER DATED: 02/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 26331 of 2025
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VANRAJSINH LAXMANSINH SODHA
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
MR. ROHAN N MAJMUDAR(14000) for the Applicant(s) No. 1
MR L B DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/02/2026
ORAL ORDER
1. Heard learned Advocate Mr. N.K. Majmudar appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi
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. 11201005250003 of
2025 registered with C.I.D. Crime Police Station, Vadodara Zone,
Vadodara City, for the offence punishable under Sections 406, 409, 420,
467, 468, 471, 474, 114 and 120-B of the Indian Penal Code and Sections
13(1)(a), 13(1)(b), 13(2) and 7(a) of the Prevention of Corruption Act.
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R/CR.MA/26331/2025 ORDER DATED: 02/02/2026
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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 aspects are
considered:-
i. The allegation against the present applicant was that he being a
contractual employee, working with the respondent, was responsible
for preparing the bills etc. as regards the tender given for ensuring for
a scheme "Nal Se Jal Yojna", and whereas the allegation being that
NEUTRAL CITATION
R/CR.MA/26331/2025 ORDER DATED: 02/02/2026
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inspite of proper work not being done, bills/inflated bills having been
sent by the applicant to the higher authority, which had resulted in loss
to the State Government.
ii. The charge-sheet reflecting that an amount of Rs. 3,71,501/-
having been deposited in the account of the present applicant and
whereas it would appear in this regard that learned Advocate for the
applicant, under instructions, would submit that the applicant without
prejudice to his rights and contentions is ready deposit the said amount
of Rs. 3,71,501/- as pre-condition of being released on bail with the
learned Trial Court, more particularly the applicant having brought a
demand draft for the said amount.
iii. Furthermore, insofar as the submissions made by learned APP that
the amount received by the present applicant may have been on the
much higher side, considering the total value of the tender was around
15,00,00,000/-, learned Advocate Mr. Majumudar would submit that
the applicant without prejudice to his rights and contentions is ready to
deposit a further amount of Rs. 3,71,501/- with the learned Trial
Court, within a period of two months after his release, and an
undertaking to such will be filed by the applicant within a period of
one week from the date of his release.
NEUTRAL CITATION
R/CR.MA/26331/2025 ORDER DATED: 02/02/2026
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iv. The applicant being in custody since 08.09.2025 and the charge-
sheet having been filed by the Investigating Officer.
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 F.I.R. being C.R. No.
11201005250003 of 2025 registered with C.I.D. Crime Police Station,
Vadodara Zone, Vadodara City, on depositing an amount of Rs.
3,71,501/- (Rupees Three Lakhs Seventy One Thousand Five Hundred
and One Only) as a pre-condition for release on bail with the learned
Trial Court and on executing a bond of Rs.100,000/- (Rupees One Lakh
only) with one surety of the like amount to the satisfaction of the trial
Court and whereas the remaining amount of Rs.3,71,501/- (Rupees Three
Lakhs Seventy One Thousand Five Hundred and One Only) shall be
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R/CR.MA/26331/2025 ORDER DATED: 02/02/2026
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deposited with the Trial Court within a period of two months from the
date of his release 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;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] furnish the present 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
residence without prior intimation to the I.O.;
[f] mark presence once a month for a period of six months before the
concerned police station.
[g] file an undertaking, within a period of one week of his release,
before the learned Trial Court as regards deposit of the remaining
amount of Rs. 3,71,501/- (Rupees Three Lakhs Seventy One
Thousand Five Hundred and One Only) within a period of two months
from the date of his release. In case the said amount is not deposited
within the stipulated time limit, it would be open for the learned Trial
Court to take appropriate action in accordance with law.
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R/CR.MA/26331/2025 ORDER DATED: 02/02/2026
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[h] upon the amount being deposited, the same shall be invested in a
fixed deposit and whereas, the learned Trial Court shall decide
appropriately as regards apportionment/ disbursement of the said
amount at the time of final outcome of the trial.
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 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.
11. 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 considering the application of the applicant
for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) BDSONGARA
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