Citation : 2026 Latest Caselaw 829 Guj
Judgement Date : 27 February, 2026
NEUTRAL CITATION
R/CR.MA/4984/2026 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4984 of 2026
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PRAVINBHAI HARNATHSINH JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MR NIRAJ SHARMA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/02/2026
ORAL ORDER
1. Heard learned Advocate Mr. Virat Popat appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Niraj Sharma 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. 11194025250007/2025 registered with Surat Rural A.C.B. Police Station, Surat for the offence punishable under Sections 7, 7(A), 12, 13(1)(a), 13(2) of the Prevention of Corruption Act.
NEUTRAL CITATION
R/CR.MA/4984/2026 ORDER DATED: 27/02/2026
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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 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, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
6. This Court has heard learned Advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
(i) The allegation in the FIR being that the accused had sought for illegal gratification of Rs. 3,00,000/- and whereas it would appear that a co-accused had sought for the illegal gratification on behalf of the applicant.
(ii) It would also appear that the co-accused, appears to have been caught while he had been accepting the illegal gratification
NEUTRAL CITATION
R/CR.MA/4984/2026 ORDER DATED: 27/02/2026
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(iii) The fact of the said co-accused having been considered by this Court vide an order dated 10.02.2026 in Criminal Misc.
Application No. 784 of 2026.
(iv) The fact of the present applicant being in custody since 19.12.2025 and the charge-sheet having been filed by the Investigating Officer, allaying any apprehension that the applicant would be able to influence the investigation.
(v) The fact of the applicant having been suspended, allaying any apprehension that he would try and influence the trial.
(vi) The fact of the applicant being a Government servant, there is no apprehension that the applicant would jump the bail and not attend the trial.
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
NEUTRAL CITATION
R/CR.MA/4984/2026 ORDER DATED: 27/02/2026
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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. 11194025250007/2025 registered with Surat Rural A.C.B. Police Station, Surat, on executing a bond of Rs.1,00,000/- (Rupees One Lac only) with one surety of the like amount to the satisfaction of the trial Court 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.
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
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R/CR.MA/4984/2026 ORDER DATED: 27/02/2026
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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) NIRU
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