Mukeshbhai Babubhai Gopani vs State Of Gujarat on 8 May, 2026

                                                                                                             NEUTRAL CITATION




                            R/CR.MA/11155/2026                                 ORDER DATED: 08/05/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                             R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                          CHARGESHEET) NO. 11155 of 2026
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                                                 MUKESHBHAI BABUBHAI GOPANI
                                                           Versus
                                                     STATE OF GUJARAT
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                       Appearance:
                       MS. NAYNAVATI S JETHVA(10030) 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 : 08/05/2026

                                                           ORDER

[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 Part-A being C.R. No. 11210021260061 OF 2026 registered with Katargam Police Station, Surat for the offence punishable under Sections 316(5), 61(2) of the BNS.

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Considering the nature of the offence, the applicant may be enlarged on regular bail by imposing stringent conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application on the ground that the present applicant, by hatching conspiracy with the co-accused, purchased diamond stone worth Rs.1,34,98,684/- on credit from the complainant and repaid only Rs.21,03,400/- . It is further alleged that as part of conspiracy, the applicant returned diamond stones worth Rs.49,07,519/- and had taken additional amount of Rs.21,45,000/- from the complainant towards such return. In spite of receiving an amount of Rs.86,32,765/- he neither paid the amount nor returned the diamonds. . It is further alleged that WhatsApp chats reveal

NEUTRAL CITATION

R/CR.MA/11155/2026 ORDER DATED: 08/05/2026

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the involvement of the present applicant in the purchase transactions as well as in the transfer of money to the co-accused. He is having two past antecedents. If the released on bail, possibility cannot be ruled out to tamper with the evidence. Hence, application does not deserve any consideration.

[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 State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, following aspects have been considered:

(1) investigation is over and charge-sheet is filed; (2) Applicant is behind the bars since 17.01.2026; (3) None of the offence alleged is punishable with life sentence or death penalty;

(4) nothing is required to be recovered and discovered from him; (5) the fact that two offences are registered against him. Merely having past antecedent is not a ground to refuse the bail considering the fact that unless and until accused proved guilty beyond all reasonable doubt which is governed by presumption of innocence.

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R/CR.MA/11155/2026 ORDER DATED: 08/05/2026

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(6) Considering the fact that the gravity of the offence is punishable upto 7 years and is triable by learned JMFC;

(7) From the bare perusal of the FIR, it appears that the alleged offence is in the nature of commercial transaction, wherein the diamond stones came to be sold on the credit and out of the said outstanding amount of Rs.1,34,98,684/-, an amount of Rs.21,45,000/- was repaid and to recover an amount of Rs.Rs.86,32,765/- , proceeding came to be initiated;

(8) Considering the law laid down by the Hon'ble Supreme Court in Rikhab Birani & Anr. vs. State of Uttar Pradesh & Anr reported in reported in 2025 INSC 512, it is observed that a purely civil or commercial dispute cannot be given a criminal colour in absence of fraudulent or dishonest intention at the inception of the transaction so as to constitute an offence under Sections 420 or 406 of the IPC;

[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 Part-A being C.R. No.

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R/CR.MA/11155/2026 ORDER DATED: 08/05/2026

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11210021260061 OF 2026 registered with Katargam Police Station, Surat, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one solvent 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 leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) Furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), E-mail address and 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 without prior permission of Trial Court;

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








                                                                                                              NEUTRAL CITATION




                            R/CR.MA/11155/2026                                 ORDER DATED: 08/05/2026

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[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) KUMAR ALOK