IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE CHARGESHEET) NO. 26212 of 2025 ==========================================================

SANDIP MADHUKAR KHOPKAR Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1 MR JAY MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 18/12/2025

ORAL ORDER

1. Heard learned advocate Mr. Zubin Bharda appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Jay Mehta 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. No. 4/2025 registered with Navsari A.C.B. Police Station, District Navsari, for the offence punishable under Section 13(1)E of the Prevention of Corruption Act,1988 and Sections 13(1)(B) and 13(2) of the Prevention of Corruption (Amended Act, 2018).

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 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 investigation papers, this Court may not exercise the 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 papers. Following aspects are considered:-

i. The allegation against the applicant being for offences punishable under Section 13(1)E read with Sections 13(1)(B) and 13(2) of the Prevention of Corruption Act.

ii. It would appear that the Investigation has progressed and whereas even the FIR itself mentions that the disproportionate assets against the non-sources of income being of 62.13%.

iii. The applicant being a retired employee, while there could not be any allegation that the applicant would abscond, it would also be true that the applicant would not be in any position whatsoever to influence the investigation.

iv. Considering the nature of the offence and considering that the applicant is a retired employee, this Court is inclined to allow this application, albeit with appropriate safeguards.

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

7. In the facts and circumstances of the case and considering the nature of the allegations made against 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 4/2025 registered with Navsari A.C.B. Police Station, District Navsari, on executing a bond of Rs.10,000/- (Rupees Ten 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 passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior