[Cites 10, Cited by 0]
Gujarat High Court
Mohmadhanif Yunusbhai Kitavala vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
R/CR.MA/10437/2026 ORDER DATED: 04/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 10437 of 2026
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MOHMADHANIF YUNUSBHAI KITAVALA
Versus
STATE OF GUJARAT
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Appearance:
MR DHRUV D DESAI(9909) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 04/05/2026
ORAL ORDER
1. Heard learned advocate Mr. Dhruv Desai appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr.
Soaham Joshi 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.11198001240017 of 2024 registered with Nilambaug Police
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Station, District Bhavnagar for the offence punishable under Sections
406, 420, 465, 467, 468, 471, 186 and 34 of the Indian Penal
Code, 1860 as well as under Sections 66(c) and 66(d) of the I.T.
Act, 2000.
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 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
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R/CR.MA/10437/2026 ORDER DATED: 04/05/2026
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may be dismissed.
6. I have heard learned advocates appearing on behalf of the
respective parties and perused the chargesheet papers. Following
aspects are considered:-
i. The applicant is a permanent resident of Bhavnagar district,
hence would be available at the time of trial;
ii. It would appear that, the Coordinate Bench of this Court vide
order dated 10.04.2026 in CRMA No.6083 of 2026 has
considered one co-accused Jatin @ Jalaram for regular bail, who
according to learned advocate for the applicant, has a much
serious role attributed than the present applicant, and whereas,
the said co-accused had been released by learned Coordinate
Bench, more particularly considering that while the said co-
accused had undergone incarceration for more than two years,
the prosecution had cited 150 witnesses of which, only 18
witnesses had been examined, and 17 witnesses had been
dropped and whereas, approximately 120 witnesses were
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remaining to be examined. Considering the same, since it would
appear that the trial would not be completed any time soon, the
said co-accused had been released;
iii. It would appear that, the said observation would apply
mutatis mutandis in case of the present applicant also, since the
applicant is also in custody since March, 2024 which is more
than a period of two years, and whereas, the trial would not be
completed any time soon, considering that around 120 witnesses
are yet to be examined;
iv. The investigation being over and charge-sheet has been filed;
v. The apprehension of the learned APP, as regards the applicant
would indulge in similar or such offence, if granted bail can be
put to rest by imposing suitable stringent conditions;
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
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R/CR.MA/10437/2026 ORDER DATED: 04/05/2026
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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 F.I.R. registered
as C.R. No.11198001240017 of 2024 registered with Nilambaug
Police Station, District Bhavnagar, on executing a bail 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 his passport, if any, to the trial court within a
week, and if he does not possess a passport, he shall file an
affidavit to that effect;
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[d] not leave the State of Gujarat without prior permission of the
Competent 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 once a week before the concerned
police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which,
he shall file affidavits before the concerned court and the police
station;
[h] file an undertaking before the concerned trial court that, he
would regularly remain present before the court, during the trial;
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.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
