[Cites 10, Cited by 0]
Gujarat High Court
Leena Mahesh Motewar vs State Of Gujarat on 12 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5717/2026 ORDER DATED: 12/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 5717 of 2026
==========================================================
LEENA MAHESH MOTEWAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR CHAITANYA S JOSHI(5927) for the Applicant(s) No. 1
MR HARSHIT S. TOLIA, SENIOR ADVOCATE for MR. MAYUR V
DHOTARE(7019) for the Applicant(s) No. 1
MR TRUPESH KATHERIA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/03/2026
ORAL ORDER
1. Heard learned senior advocate Mr. Harshit S.Tolia with
learned advocate Mr. Mayur Dhotare appearing on behalf of
the applicant and learned Additional Public Prosecutor
Mr.Trupesh Katheria appearing on behalf of the respondent-
State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
NEUTRAL CITATION
R/CR.MA/5717/2026 ORDER DATED: 12/03/2026
undefined
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. 11821011241213 of 2024 registered with Dahod "A"
Division Police Station, District: Dahod for the offence
punishable under Sections 406, 409, 420, 114, 120B of the
IPC, Section 3 of the Gujarat Protection of Interest of
Depositors (In Financial Establishments) Act and under Sections
4, 5 and 6 of the Prize Chits and Money Circulation Schemes
(Banning) Act.
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 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
NEUTRAL CITATION
R/CR.MA/5717/2026 ORDER DATED: 12/03/2026
undefined
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 being that the accused had
connived and conspired and had defrauded investors by not
paying the returns as well as the principal amount, which
had been invested.
ii. The fact of the applicant being a Director only for a brief
period of time and whereas, it would appear that while
around 11 FIRs have been registered against the Directors of
the Company, the present applicant having cumulatively
suffered incarceration for around more than 3.5 years.
iii. The fact of the FIR in the present case, being filed in the
year 2024 yet, the period of the offence as found in the FIR
itself relates back to 2011 through 2016.
iv. The fact of statement made by learned senior advocate
upon instructions of learned advocate Mr. Dhotare that
husband of the applicant i.e. the accused No.1, the Director
managing affairs of the Company having been released by
learned Sessions Court vide order dated 11.03.2026
(yesterday), more particularly, upon an amount of Rs.29
NEUTRAL CITATION
R/CR.MA/5717/2026 ORDER DATED: 12/03/2026
undefined
lakhs approximately being deposited by the said accused
being the disputed amount which was to be paid to the
complainant and other victims.
v. The fact of the applicant being a lady accused and in
custody since 03.02.2026, this Court is inclined to grant
bail.
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 F.I.R.
registered as C.R. No. 11821011241213 of 2024 registered with
Dahod "A" Division Police Station, District: Dahod, on
executing a bond of Rs.1,00,000/- (Rupees One Lakh only)
NEUTRAL CITATION
R/CR.MA/5717/2026 ORDER DATED: 12/03/2026
undefined
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.;
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
NEUTRAL CITATION
R/CR.MA/5717/2026 ORDER DATED: 12/03/2026
undefined
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)
NAIR SMITA V./08-SB-I
