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Gujarat High Court
Viral Bharatbhai Brahmbhatt vs State Of Gujarat on 27 February, 2026
NEUTRAL CITATION
R/CR.MA/1567/2026 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 1567 of 2026
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VIRAL BHARATBHAI BRAHMBHATT
Versus
STATE OF GUJARAT
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Appearance:
MS SHREYA OJHA(14681) for the Applicant(s) No. 1
MR HARDIK H DAVE(6295) for the Respondent(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 : 27/02/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on
behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita for regular bail in connection
with F.I.R. No.11191011240115 of 2024 registered with
D.C.B. Police Station, District Ahmedabad.
3. Learned advocate for the applicant has submitted that
considering the nature of offence and role attributed to the
applicant, the applicant may be enlarged on regular bail by
imposing suitable conditions.
4. The learned APP appearing for the respondent State has
NEUTRAL CITATION
R/CR.MA/1567/2026 ORDER DATED: 27/02/2026
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vehemently submitted that the applicant had siphoned
away the amount of Rs.3,04,00,000/ which was received in
the bank accounts of his relatives. Thus, there is active
participation in commission of present offence on the part
of the present applicant. Learned APP has, therefore,
submitted that the offence is serious in nature and looking
to the facts as well as the allegations levelled against the
applicant, no discretion is required to be exercised.
5. Learned advocate appearing for the original complainant
has also opposed the grant of present application. He
further submitted that the F.I.R. in question was quashed
qua the other co-accused as she has deposited Rs.85
Lakhs and the present applicant is not showing his
willingness to deposit such amount and the applicant had
siphoned away more than Rs.2 Cores. He, therefore,
submitted to dismiss the present application.
6. Heard learned advocates appearing for the parties and
perused the material available on record. Investigation is
over and Charge-sheet has already been filed. The
applicant has been arrested in connection with the present
offence on 09.06.2024 and since than he is in custody. As
per the case of prosecution, the present applicant was
working as officer of the bank and as alleged against him
that he had siphoned away Rs.3,04,26,694/- which was
deposited in the bank accounts of his relatives and
thereafter, the applicant had withdrawn the said amount
from those bank accounts. Having regard to the same, the
NEUTRAL CITATION
R/CR.MA/1567/2026 ORDER DATED: 27/02/2026
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present application deserves to be allowed.
7. 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 09.06.2024.
(d) The law laid down by the Hon'ble Apex Court in the
case of Sanjay Chandra v. C.B.I. Reported in
(2012) 1 SCC 40.
8. In the facts and circumstances of the case and considering
the nature of allegations made in the FIR and without
discussing the evidence in details as well as without going
into details, prima-facie, this Court is of the opinion that
this is a fit case to exercise the discretion to enlarge the
applicant on bail. Hence, the application is allowed and the
applicant is ordered to be released on bail in connection
with the aforesaid FIR, on executing a bond of Rs.10,000/-
(Ten Thousand) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions
that;
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R/CR.MA/1567/2026 ORDER DATED: 27/02/2026
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(a) shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the fact of the case so as to
dissuade from disclosing such facts to the Court or
any Police Officer or tamper with the evidence.
(b) shall maintain law and order and not to indulge in
any criminal activities.
(c) shall 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
residence without prior permission of the trial
Court.
(d) shall 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.
(e) shall file an affidavit stating immovable properties
whether self acquired or ancestral with description,
location and present value of such properties
before the Trial Court, if any.
(f) shall not leave India without prior permission of
the Trial Court
(g) surrender passport, if any, to the Trial Court
within a week. If accused does not possess
passport, shall file an Affidavit to that effect.
(h) shall 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 p.m.
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9. The authorities concerned shall 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 Judge concerned will be free to
issue warrant or take appropriate action in the matter. 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.
10. At the trial, the concerned trial Court shall not be
influenced by the prima facie observations made by this
Court in the present order.
11. Rule made absolute to the aforesaid extent. Direct service
is permitted.
(M. R. MENGDEY,J)
NABILA
