[Cites 1, Cited by 0]
Gujarat High Court
Maheshbhai Kababhai Vaniya vs State Of Gujarat on 5 February, 2026
NEUTRAL CITATION
R/CR.MA/2146/2026 ORDER DATED: 05/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 2146 of 2026
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MAHESHBHAI KABABHAI VANIYA
Versus
STATE OF GUJARAT
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Appearance:
DHRUV TOLIYA(9249) for the Applicant(s) No. 1
MR MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 05/02/2026
ORAL ORDER
1. 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.11196041240404 of 2024 registered with Akota Police
Station, Vadodara City.
2. Heard learned Advocate for the Applicant and learned APP
for the Respondent - State.
Rule. Learned APP waives service of notice of Rule on
behalf of the Respondent - State.
3. Learned Advocate for the Applicant has submitted that the
Applicant has good reputation in the society and 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.
NEUTRAL CITATION
R/CR.MA/2146/2026 ORDER DATED: 05/02/2026
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4. Per contra, learned APP has opposed the present
application for grant of regular bail contending that the present
applicant had forged the documents in the name of the
complainant and on the basis of those forged documents, he had
opened bank accounts and had obtained loan worth Rs.50 lakhs
in the name of first informant. Learned APP has therefore
submitted that looking to the nature of offence, this Court may
not exercise the discretion in favour of the applicant and the
Application may be dismissed.
5. Heard learned Advocates for the parties and perused the
record. The investigation is over and charge sheet is filed. As per
the case of the prosecution, the applicant herein is alleged to
have impersonated as the first informant and had also forged the
Adhar Card, PAN Card, etc. in the name of the first informant
and on the basis of those forged documents, he had obtained
loan worth Rs.50 lakhs and had purchased some property with
the said money. Having regard to these aspects, the Application
deserves consideration. This court has also considered the
following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there
are mainly 3 factors which are required to be considered by this
court i.e. prima facie case, availability of Applicant accused at
the time of trial and tampering and hampering with the
witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted
that the Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 16.09.2025.
(d) The law laid down by the Hon'ble Apex Court in the case of
NEUTRAL CITATION
R/CR.MA/2146/2026 ORDER DATED: 05/02/2026
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Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
6. Having heard the learned Advocates for the parties and
perusing the record produced in this case as well as taking into
consideration the facts of the case, nature of allegations, gravity
of accusation, availability of the Applicant Accused at the time of
Trial etc. and the role attributed to the present Applicant
accused, the present Application deserves to be allowed and
accordingly stands allowed. This Court has also gone through
the FIR and police papers and also the earlier order passed by
the learned Sessions Court where the learned Sessions Judge
has disallowed the bail Application at initial stage. The Applicant
Accused is ordered to be released on bail in connection with the
aforesaid FIR on executing a personal bond of Rs.10,000/- with
one surety of the like amount to the satisfaction of the trial
Court, subject to the following conditions that he shall:
(a) not directly or indirectly make any inducement, threat or
promise to any person acquainted with the fact of the case so as
to dissuade him from disclosing such facts to the Court or any
Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal
activities.
(c) furnish the documentary proof of complete, correct and
present address of residence to the Investigating Officer and to
the Trial Court at the time of executing the bond and shall not
change the residence without prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of
the sureties before the Trial Court. In case of change in such
numbers inform in writing immediately to the trial Court.
NEUTRAL CITATION
R/CR.MA/2146/2026 ORDER DATED: 05/02/2026
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(e) mark presence before the concerned Police Station once in a
month for a period of six months between 11:00 a.m. and 2.00
pm.
(f) file an affidavit stating his immovable properties whether self
acquired or ancestral with description, location and present
value of such properties before the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court
(h) surrender passport, if any, to the Trial Court within a week. If
the Applicant does not possess passport, shall file an Affidavit to
that effect.
7. Bail bond to be executed before the Trial Court having
jurisdiction to try the case. It would be open for the Trial Court
concerned to give time to furnish the solvency certificate if
prayed for.
8. If breach of any of the above conditions is committed, the
Trial Court concerned will be free to issue warrant or take
appropriate action according to law. The Authorities will release
the Applicant forthwith only if the Applicant is not required in
connection with any other offence for the time being.
9. At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this Court in
the present order.
10. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J)
AHS
