[Cites 1, Cited by 0]
Gujarat High Court
Vivek @Udeyo @Bhailu Maunkumar Bhatt vs State Of Gujarat on 6 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/25906/2025 ORDER DATED: 06/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 25906 of 2025
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VIVEK @UDEYO @BHAILU MAUNKUMAR BHATT
Versus
STATE OF GUJARAT
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
MR L B DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Dharshit R. Brahmbhatt appearing on
behalf of the applicant and learned Additional Public Prosecutor Mr. L.B.
Dabhi 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. 11215017250202 of
2025 registered with Mahelav Police Station, District Anand, for the
offence punishable under Sections 316(5) and 54 of the Bharatiya Nyaya
Sanhita, 2023.
4. Learned advocate for the applicant would submit that considering
NEUTRAL CITATION
R/CR.MA/25906/2025 ORDER DATED: 06/03/2026
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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 being that the applicant had defrauded the complainant
and other victims by promising Visa to the United States.
ii. Prima facie it would appear that the applicant had received
approximately Rs. 30,00,000/- in his bank account, which was from
the complainant and/or the victims.
NEUTRAL CITATION
R/CR.MA/25906/2025 ORDER DATED: 06/03/2026
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iii. The fact of the applicant being in custody since 11.09.2025 and the
charge-sheet having been filed by the Investigating Officer.
iv. This Court has also taken into consideration the submission made
by learned Advocate for the applicant that the applicant, without
prejudice to his rights and contentions, is ready and willing to deposit
an amount of Rs.15,00,000/- with the learned Trial Court, i.e.
Rs.5,00,000/- as pre-deposit and Rs. 10,00,000/- within a period of
four months after his release on 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 FIR being C.R. No.
11215017250202 of 2025 registered with Mahelav Police Station, District
Anand, on depositing an amount of Rs.500,000/- (Rupees Five Lakh
NEUTRAL CITATION
R/CR.MA/25906/2025 ORDER DATED: 06/03/2026
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Only) as a pre-condition for release on bail with the learned Trial Court
and 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 whereas the remaining Rs.10,00,000/- (Rupees Ten Lakhs
Only) shall be deposited with the Trial Court within a period of four
months from the date of his release 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.
[g] file an undertaking, within a period of one week of his release,
before the learned Trial Court as regards deposit of the remaining
NEUTRAL CITATION
R/CR.MA/25906/2025 ORDER DATED: 06/03/2026
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amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) within a
period of four months from the date of his release. In case the said
amount is not deposited within the stipulated time limit, it would
be open for the learned Trial Court to take appropriate action in
accordance with law.
[h] upon the amount being deposited, the same shall be invested in
a fixed deposit and whereas, the learned Trial Court shall decide
appropriately as regards apportionment/ disbursement of the said
amount at the time of final outcome of the trial.
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/25906/2025 ORDER DATED: 06/03/2026
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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
