[Cites 5, Cited by 0]
Gujarat High Court
Ganpatbhai Dayabhai Rabari vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/3761/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 3761 of 2026
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GANPATBHAI DAYABHAI RABARI
Versus
STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) 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 : 20/02/2026
ORAL ORDER
1. Heard learned Advocate Mr. Tushar Chaudhary 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. 11195019240606 of
2024 registered with Deesa Rural Police Station, District Banaskantha,
for the offence punishable under Sections 406, 408, 477(A) and 202 of
the Indian Penal Code.
NEUTRAL CITATION
R/CR.MA/3761/2026 ORDER DATED: 20/02/2026
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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. Allegation against the present applicant being that the applicant
was a Secretary of a Milk Cooperative Society and he had
misappropriated in all an amount of Rs. 29,28,991/-.
ii. The fact of the learned Advocate for the applicant, under
NEUTRAL CITATION
R/CR.MA/3761/2026 ORDER DATED: 20/02/2026
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instructions, submitting that the applicant is ready and willing to
deposit the entire amount with the learned Trial Court, i.e. Rs.
15,00,000/- as a pre-condition for release on bail and the remaining
amount of Rs. 14,28,991/- within a period of two months after his
release on bail. Considering the same, this Court is inclined to
consider this application.
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.
11195019240606 of 2024 registered with Deesa Rural Police Station,
District Banaskantha, on depositing an amount of Rs.15,00,000/- (Rupees
Fifteen Lakhs 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
NEUTRAL CITATION
R/CR.MA/3761/2026 ORDER DATED: 20/02/2026
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only) with one surety of the like amount to the satisfaction of the trial
Court and whereas the remaining Rs.14,28,991/- (Rupees Fourteen Lakhs
Twenty Eight Thousand Nine Hundred and Ninety One Only) shall be
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. 14,28,991/- (Rupees Fourteen Lakhs Twenty Eight
Thousand Nine Hundred and Ninety One Only) within a period of
NEUTRAL CITATION
R/CR.MA/3761/2026 ORDER DATED: 20/02/2026
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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.
[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.
NEUTRAL CITATION
R/CR.MA/3761/2026 ORDER DATED: 20/02/2026
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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
