[Cites 10, Cited by 0]
Gujarat High Court
Santoshbhai Kailasnath Chauhan vs State Of Gujarat on 11 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/116/2026 ORDER DATED: 11/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 116 of 2026
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SANTOSHBHAI KAILASNATH CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR RUCHIT J VYAS(10687) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Ruchit Vyas appearing on behalf of
the applicant and learned Additional Public Prosecutor Mr. Trupesh
Kathiriya 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.I - 152 of 2017
registered with Dehgam Police Station, District Gandhinagar, for the
offence punishable under Sections 406, 420, 467, 468, 471, 474, 120(b)
and 506(2) of the Indian Penal Code.
NEUTRAL CITATION
R/CR.MA/116/2026 ORDER DATED: 11/03/2026
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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 in the FIR is that the applicant had connived and had
ensured that the complainant, who was the owner of the property, does
not get the proceeds of a loan and whereas the same is
misappropriated by other accused.
NEUTRAL CITATION
R/CR.MA/116/2026 ORDER DATED: 11/03/2026
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ii. The role attributed to the present applicant not being the principal
beneficiary. The present applicant alleged to have collected the
documents in question for getting approval of the loan from the bank
in question.
iii. While it would appear that the applicant had remained untraceable
for substantially long period of time i.e. from the year 2017 to the date
of his arrest in the 2025, and whereas while it would appear that even
a warrant under Section 70 of the Cr.P.C. had been issued, yet, this
Court cannot but notice the fact that the applicant in custody since
29.05.2025, the charge-sheet having been file and whereas, much
before the present applicant had been arrested, the principal accused
having been considered for being released on anticipatory bail by the
learned Co-ordinate Bench and other accused had been released on
anticipatory bail as well as on regular bail by the learned Co-ordinate
Benchs.
iv. The fact of the applicant having an antecedent, yet, it would appear
that the applicant has been released by this Court in the said FIR, more
particularly noticing that even Section 70 of Cr.P.C. had not been
issued in the said FIR.
v. Considering the period of incarceration undergone and having
NEUTRAL CITATION
R/CR.MA/116/2026 ORDER DATED: 11/03/2026
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regard to the role attributed to the present applicant, this Court is
inclined to consider the present 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.I - 152 of
2017 registered with Dehgam Police Station, District Gandhinagar,, on
executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand 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;
NEUTRAL CITATION
R/CR.MA/116/2026 ORDER DATED: 11/03/2026
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[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 one year 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 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/116/2026 ORDER DATED: 11/03/2026
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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
