[Cites 1, Cited by 0]
Gujarat High Court
Akash S/O Piyushbhai Chandrakantbhai ... vs State Of Gujarat on 25 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7039/2026 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 7039 of 2026
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AKASH S/O PIYUSHBHAI CHANDRAKANTBHAI SONI
Versus
STATE OF GUJARAT
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Appearance:
MR JAL UNWALA SENIOR ADVOCATE WITH MR. RAHUL R
DHOLAKIA(6765) for the Applicant(s) No. 1
MR KRUTIK PARIKH ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/03/2026
ORAL ORDER
1. Heard learned Senior Advocate Mr. Jal Soli Unwala with learned
Advocate Mr. Krutik Parikh on behalf of the applicant and learned
Additional Public Prosecutor Mr. Krutik Parikh on behalf of the
respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The present applicant who has been arraigned as an accused has
preferred 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. 11191011250420 of 2025 registered
with D.C. B. Police Station, Ahmedabad City for offence punishable
under Sections 316(2), 318(2), 318(4), 336(2), 336(3), 338, 340(2), 341(1) &
NEUTRAL CITATION
R/CR.MA/7039/2026 ORDER DATED: 25/03/2026
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61(2)(a) of the Bharatiya Nyay Sanhita, 2023 after filing of the charge-sheet.
4. Learned Senior Advocate Mr. Unwala appearing 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 Mr. parikh
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. This Court has heard learned Advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are considered:-
(i) The allegation against the applicant being that the
applicant had created shell companies for causing benefits to
third parties and earned commission thereof more particularly
the shell companies being created on basis of forged
document.
NEUTRAL CITATION
R/CR.MA/7039/2026 ORDER DATED: 25/03/2026
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(ii) Prima facie it would appear that the charge-sheet does
not reveal any person as being a co-accused, except the
present applicant and his employee more particularly to justify
an angle that the entire alleged fraud was being done at the
instance of the third parties and the present applicant was
earning some commission out of the same .
(iii) Prima facie it would also appear that the allegation of
there being shell companies created also does not appear to be
substantiated since it is pointed out that as of now, the request
has been made to the ROC and appropriate documents are
being analyzed.
(iv) It also appears that while there are allegations that some
persons have been defrauded yet, the fact of the allegedly
defrauded persons not filing any complaint and the complaint
itself being filed by the police officers, is quite striking since
the onus more particularly in such kind of cases would be on
the allegedly defrauded persons to file a complaint.
(v) This Court has also considered the fact that the
applicant is in custody since 19.12.2025, more particularly the
applicant being a Chartered Accountant and whereas the
charge-sheet having been laid on 02.03.2026 and the applicant
not having any antecedents of being involved in any offence
hereinbefore.
NEUTRAL CITATION
R/CR.MA/7039/2026 ORDER DATED: 25/03/2026
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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.
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 present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No. 11191011250420
of 2025 registered with D.C. B. Police Station, Ahmedabad City 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 Judge concerned;
[e] Mark his presence at the concerned Police Station once in a month
for a period of three months.
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R/CR.MA/7039/2026 ORDER DATED: 25/03/2026
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[f] 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
residential address without prior intimation to the I.O.
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 Judge concerned will be
free to take appropriate action in the matter.
11. 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.
12. 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.
13. 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
