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NEUTRAL CITATION

R/CR.MA/6989/2026 ORDER DATED: 30/03/2026

0.8273190398107997

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

AFTER CHARGESHEET) NO. 6989 of 2026 ==========================================================

PANKAJBHAI KISHORBHAI VAYA Versus STATE OF GUJARAT

==========================================================

Appearance:

MR DIPEN K DAVE(3296) for the Applicant(s) No. 1 MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 30/03/2026

ORAL ORDER

1. Heard learned advocate Mr.Dipen Dave appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.J.K.Shah 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. 11208035250854/2025 registered with Gandhigram Police Station, Rajkot City for the offence

punishable under Sections 316(5), 61(2)(b) of the BNS.

4. Learned advocate for the applicant would submit that considering the role attributed to the applicant, and nature of

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NEUTRAL CITATION

R/CR.MA/6989/2026 ORDER DATED: 30/03/2026

0.8273190398107997

the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that since the charge- sheet is filed 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.

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 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 being that the accused had defrauded the complainant, more particularly, as part of conspiracy, the co-accused had given some receipts of having mortgaged gold to the present applicant and whereas, the complainant

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NEUTRAL CITATION

R/CR.MA/6989/2026 ORDER DATED: 30/03/2026

0.8273190398107997

having given the value of the gold to the co-accused, upon having the gold redeemed from the applicant, it appeared that the gold was of less purity than the hallmark of 22

carats.

ii. The fact of the applicant being in custody since

30.12.2025 and the charge-sheet having been laid.

iii.The fact of the applicant not having any antecedents and whereas, it is alleged that after the present FIR, there is another FIR lodged against the present applicant under the

Money Lenders Act.

iv. The fact of learned advocate Mr.Dave stating under instruction that the applicant is ready and willing to deposit an amount of Rs.5,00,000/- without prejudice to his rights and contentions, more particularly, Rs.1,00,000/- as a precondition and remaining Rs.4,00,000/- within a period of

three months from the date the applicant is released.

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

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