IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -

AFTER CHARGESHEET) NO. 20549 of 2025 ==========================================================

HARESHBHAI JIVABHAI DHIYAD Versus STATE OF GUJARAT ==========================================================

Appearance:

SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1 MS. C.M. SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 09/10/2025

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 CR. No.1121100925061 of 2025 registered with Chotila Police Station, Surendranagar.

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

3. Learned Advocate appearing 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 contending that the present applicant was the member of the Cooperative society which had floated the investment scheme and on the basis of said investment scheme, the amount of Rs.2.87 crores had been collected from the victims as well as from the first informant, and thereafter, no returns on the said amount nor the principal amount had been repaid to the first informant as well as victims. 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. In the present offence, the investigation is over and charge-sheet has been filed. As per the case of prosecution, the Cooperative society of which the present applicant was the member had floated an investment scheme and under the garb of said investment scheme, the amount of Rs.2.87 crores was collected from the first informant as well as the other victims with the promise of handsome returns. However, neither the returns nor the principal amount had been repaid to the first informant as well as the other victims. The other co- accused have been considered for grant of bail. Having regard to these aspects, the present application deserves consideration, hence the present application is hereby allowed. This Court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly

3 factors which are required to be considered by this court i.e. prima- facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 08.06.2025.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. reported in (2012) 1 SCC 40.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the applicant accused at the time of Trial etc. and the role attributed to the present applicant accused, the present application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The applicant accused is ordered to be released on bail in connection with the aforesaid