[Cites 10, Cited by 0]
Gujarat High Court
Dhananjay Bhikhubhai Barad vs State Of Gujarat on 18 March, 2026
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R/CR.MA/4072/2026 ORDER DATED: 18/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4072 of 2026
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DHANANJAY BHIKHUBHAI BARAD
Versus
STATE OF GUJARAT
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR KRUTIK PARIKH, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 18/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
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,
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R/CR.MA/4072/2026 ORDER DATED: 18/03/2026
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2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11210015230030 of
2023 registered with DCB Police Station, Surat for the
offence punishable under Sections 406, 409, 420, 34 and
120B of the Indian Penal Code, Section 3 of GPID Act and
Sections 4, 5 and 6 of Prize Chits and Money Circulation
Schemes (Banning) Act, 1978.
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, further incarceration of
the applicant will not benefit the Investigation Officer in
any manner. 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
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R/CR.MA/4072/2026 ORDER DATED: 18/03/2026
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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
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. The investigation has been completed and charge-
sheet has been filed.
ii. The applicant is in judicial custody since 29.12.2025.
iii. The applicant has one antecedent of identical
nature, wherein, he was granted anticipatory bail by
the High Court of Judicature at Bombay, Bench at
Aurangabad in Anticipatory Bail Application No. 1423
of 2025 on 17.10.2025;
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iv. In the partnership deed pertaining to the firm
Shukul Wealth Advisory, accused no. 1 - Pradip
Vidhyadhar Shukla had share and profit to the extent
of 90%, whereas, the present applicant had a share and
profit to the extent of 10%.
v. It is also mentioned in the partnership firm that, the
accused no. 1 Pradip Vidhyadhar Shukla would be the
Managing Partner, who would be looking after the
entire partnership business, and whereas, the present
applicant being the second partner and Executive
Partner was not given any responsibility, more
particularly, to acknowledge the receipts of cash,
cheques and to do all other acts and things to carry on
the said partnership business.
7. 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.
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8. 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.
9. Hence, the applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11210015230030 of 2023 registered with DCB Police
Station, Surat, on executing a bail bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) with two sureties
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 his passport, if any, to the trial court
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within a week, and if he does not possess a passport,
he shall file an affidavit to that effect;
[d] not leave the States of Gujarat/Maharashtra
without prior permission of the Trial Court concerned;
[e] furnish the present address of his residence to the
I.O. and to the Court at the time of execution of the
bond and shall not change his residence without prior
intimation to the I.O. and the court;
[f] mark his presence on every Monday before the
concerned police station for six months;
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file an affidavit before the
concerned court and the police station.
10. 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 at
liberty to take appropriate action in accordance with law.
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11. Bail bond to be executed before the trial 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.
12. At the stage of trial, the competent 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 enlarging the applicant on regular bail. The
application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
