[Cites 4, Cited by 0]
Gujarat High Court
Alpeshkumar Jagdishchandra Jariwala vs State Of Gujarat on 8 May, 2026
NEUTRAL CITATION
R/CR.MA/11195/2026 ORDER DATED: 08/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 11195 of 2026
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ALPESHKUMAR JAGDISHCHANDRA JARIWALA
Versus
STATE OF GUJARAT
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Appearance:
MR. KISHAN H DAIYA(6929) 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
Learned Mr.Bhash H. Mankad has instructions to appear on behalf of
the original complainant and that he may be permitted to file his
vakalatnama. Permission is granted.
[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. 11210060260435 OF 2026
registered with Varachha 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 and submitted that he is involved in the
crime, if the released on bail, possibility cannot be ruled out to tamper with
the evidence. Hence, application does not deserve any consideration.
NEUTRAL CITATION
R/CR.MA/11195/2026 ORDER DATED: 08/05/2026
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[4.1] Learned advocate Mr. Mankad appearing for the complainant
submitted that the dispute has been amicably settled with the present
applicant and has produced an affidavit to that effect. Upon perusal of the
affidavit, it appears that the dispute has been resolved and a Memorandum
of Understanding (MoU) has also been executed between the parties. As per
the terms of the MoU, the applicant has agreed to repay the amount due to
the complainant, and the complainant has stated that he has no objection if
the present application is allowed.
[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) substantial part of investigation is over;
(2) Applicant is behind the bars since 26.02.2026;
(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) Perusing the record and allegations levelled in the FIR, it appears
NEUTRAL CITATION
R/CR.MA/11195/2026 ORDER DATED: 08/05/2026
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that the accused has purchased the diamond on the credit from the
complainant, but he did not pay the amount withing stipulated time
period and for recovery of the same, the present complaint is filed.
(6) Prima facie, it appears that the dispute is civil and commercial in
nature, which has been given a cloak of criminality.
(7) 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 goverend by presumption of
innocence.
(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
NEUTRAL CITATION
R/CR.MA/11195/2026 ORDER DATED: 08/05/2026
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released on regular bail in connection with FIR Part-A being C.R. No.
11210060260435 OF 2026 registered with Varachha Police Station,
Surat, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five
Thousand only) with one local 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;
(c) surrender passport, if any, to the Trial Court within a week;
(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/11195/2026 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
