[Cites 4, Cited by 0]
Gujarat High Court
Himmat Vallabhabhai Unava vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/CR.MA/11337/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11337 of 2026
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HIMMAT VALLABHABHAI UNAVA
Versus
STATE OF GUJARAT
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Appearance:
ARCHANABEN B GOSWAMI(8154) for the Applicant(s) No. 1
MR MAHENDRA U VORA(3034) for the Applicant(s) No. 1
MS JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 13/05/2026
ORAL ORDER
1. Heard learned advocate Mr. Mahedra Vora with learned
advocate Ms. Archanaben Goswami appearing on behalf of the
applicant and learned Additional Public Prosecutor Ms. Jyoti Bhatt
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.
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R/CR.MA/11337/2026 ORDER DATED: 13/05/2026
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No.11196040250047 of 2025 registered with Cyber Crime Police
Station, District Vadodara for the offence punishable under Sections
318(4), 336(2), 336(3), 338, 340(2), 54 and 61(2) of the BNS, 2023,
as well as under Section 66(d) of The Information Technology
Amendment Act, 2008.
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
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R/CR.MA/11337/2026 ORDER DATED: 13/05/2026
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exercise 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 chargesheet papers. Following
aspects are considered:-
i. The applicant is a permanent resident of Amreli district,
hence would be available at the time of trial;
ii. The investigation being over and chargesheet has been filed;
iii. Learned advocate for the applicant submits that, the applicant
has two previous antecedents wherein, one offence came to be
registered under the Prohibition Act, whereas, second offence
was registered under Section 188 of the IPC, during the Covid
period;
iv. As per the prosecution case, prosecution witness Kishan
Bhartbhai Unava in his submission before the Investigating
Officer has stated that, the applicant who happens to be his
distant relative was in need of money for his mother's treatment,
and as such, it was this prosecution witness who had introduced
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R/CR.MA/11337/2026 ORDER DATED: 13/05/2026
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co-accused Vijay Jaysukhbhai Charola to the present applicant,
upon whose instructions the present applicant had opened an
account in IDFC bank, which he had given to the said co-
accused Vijay Jaysukhbhai Charola.
v. Further, as per the prosecution case, and more particularly as
mentioned on the Investigating Officer's affidavit, which was
submitted before the learned Sessions Court at Vadodara, in
CRMA No.770 of 2026, Rs.5,00,000/- came to be deposited in
the applicant's account for which, he had received Rs.20,000/-
towards the commission.
vi. The apprehension of the learned APP, as regards the appellant
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/11337/2026 ORDER DATED: 13/05/2026
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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.11196040250047 of 2025 registered with Cyber Crime
Police Station, District Vadodara, 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;
[d] not leave the State of Gujarat without prior permission of the
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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.
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.
11. Bail bond to be executed before the trial court having
jurisdiction to try the case. It will be open for the concerned Court
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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
