IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21039 of 2025 ==========================================================

MANSUKHBHAI DHANAJIBHAI SAGATHIYA Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. R.S.SANJANWALA, SENIOR ADVOCATE with MR. RAHUL R DHOLAKIA(6765) for the Applicant(s) No. 1 MR. KANVA ANTANI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 13/10/2025

ORAL ORDER

1. 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. 3 of 2024 registered with ACB Police Station, Rajkot City.

2. Heard learned Senior Advocate for the Applicant and learned APP for the Respondent – State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned Senior Advocate for the Applicant has submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. 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.

4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the present Applicant was holding the post of Incharge Town Planning Officer (Class-I) in Rajkot Municipal Corporation for a long time. During his tenure as such, the Applicant had amassed the assets 628 times more than his known source of income. The huge amount of golden arnaments and cash were recovered from the locker which was mtintained at the office of the brother of the present Applicant. The Investigation Officer has recorded the statment of the brother of the Applicant, who, in his statement has categorically stated that the material recovered from the said office belonged to the present Applicant. He also stated in his statement that the said office had been purchased by him at the instance and insistence of the present Applicant. He also submitted that the present Applicant had purchased certain immovable properties in the name of his wife. The wife of the Applicant in her statement given to the Investigation Officer has stated that all the affairs with regard to the purchase of the properties were looked by the present Applican and she was merely asked to put her signatures on certain documents and she used to put her signatures on those documents on askals by her husband. Thus the present Applicant had apparently procured the assets by resorting to illegal means. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. The Applicant has been arrested in connection with the present offence on 1.07.2024 and since then the Applicant is in the custody. The Applicant has undergone incarceration for a period of more than one year by now. The prosecution has cited as many as 78 witnesses in the chargesheet. The trial of the offence is not likely to commence and conclude in the near future.

5.1 The Applicant is also arraigned as an accused in an offence registered with Rajkot Taluka Police Station for an offence punishable under Section 304 and other allied offences of IPC, wherein, recently the Apex Court has ordered to enlarge the Applicant on bail mainly on the ground of period of incarceration undergone by the present Applicant.

5.2 As per the case of the prosecution, at the time of registration of the offence, the Applicant herein was found to be possessing the assets 410 times in excess of his known source of income. During t