Salimbhai Islamilbhai Dadu vs State Of Gujarat on 6 May, 2026

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                           R/CR.MA/10651/2026                                       ORDER DATED: 06/05/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                                   CHARGESHEET) NO. 10651 of 2026

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                                       SALIMBHAI ISLAMILBHAI DADU
                                                    Versus
                                              STATE OF GUJARAT
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                      Appearance:
                      LEARNED SENIOR ADVOCATE MR. PERCY KAVINA, ASSISTED BY LEARNED
                      ADVOCATE MR EJAZ M QURESHI(5401) for the Applicant(s) No. 1
                      MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 06/05/2026

                                                                   ORDER

Learned Advocate Mr. Dhruv Toliya, states that he has

instructions to appear on behalf of the original complainant and

thereby, seeks permission to file his Vakalatnama. The Registry is

directed to accept the Vakalatnama.

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11211057260480 of 2026 registered with Surendranagar City A Division Police Station, for the offences under Sections 316(5), 318(4), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita.

[3.0] Learned Senior Advocate Mr. Percy Kavina, assisted by learned Advocate Mr. E. M. Qureshi, on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and he has nothing to do with the offence. Whatever transaction took place was

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with the co-accused Kasim who happens to be brother of the applicant. The applicant is a senior citizen of 62 years of age who is arrested on 10.04.2026. Substantial part of investigation is over. Nothing is required to be recovered or discovered from the applicant. Earlier four offences were registered against the applicant and in all he has been acquitted at present the applicant has no criminal antecedents. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, investigation is going on and chargesheet is yet to be filed. The applicant under procuring VISA committed fraud of Rs.6,80,00,000/- and got executed the Sale Deeds. In view of above, prima facie involvement of the applicant is revealed and he is beneficiary as he got property transferred in his favour.

Learned Advocate Mr. Dhruv Toliya, for the complainant has filed affidavit of the complainant stating that the dispute is amicably settled and consent quashing of the co-accused has been before the coordinate Bench which came to be allowed today. The accused has assured to reverse the Sale Deed in favour of the complainant hence he has no objection if the applicant is enlarged on bail.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the

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State and similar other considerations are required to be considered.

[6.0] Having heard the learned advocates appearing on behalf of the respective parties and perusing the FIR it appears that whatever allegations are raised the same are against the brother of the applicant namely Kasim. He has gave assurance as agent to secure permanent VISA of US. To secure VISA amount of Rs.6,80,00,000/- against the said amount he has received Rs.86,40,000/-. The applicant has not received any financial gain and only sale deed was executed in his favour at the instance of his brother. Now he has assured to reverse the same. No any entrustment of property, criminal breach of trust or cheating by the applicant. Considering the assurance on the part of the accused and the complainant has accepted the same and the offence is triable by the Court of JMFC, no purpose would serve by keeping the applicant behind the bar.

[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.

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No.11211057260480 of 2026 registered with Surendranagar City A Division Police Station on executing a personal 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(d) not to leave State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a week till filing of the chargesheet and after filing of the chargesheet, mark presence before the concerned police station once in a month for a period of six months;

(f) furnish the Aadhar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court;

(g) if the applicant is found to be indulged in any illegal activities in future, the trial Court concerned will be free to issue warrant and cancel the bail granted to the applicant.

[9.0] 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 issue warrant or take appropriate action in the matter.

[10.0] 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

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and/or relax any of the above conditions, in accordance with law.

[11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.

[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI