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2026 Supreme(Online)(Guj) 16366

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S. Kariel, J
PRAKASHBHAI THAKORBHAI RATHODV/sSTATE OF GUJARAT
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 6859 of 2026



Advocates:
For the Appellants/Petitioners: Prerak R Bhatt
For the Respondents: Trupesh Kathiriya

Grant of regular bail after the filing of a charge-sheet, considering the lack of criminal antecedents and the willingness of the accused to deposit a monetary amount to secure the interests of the victims.

Headnote:The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with an FIR registered for offences punishable under Sections 420, 120B, and 34 of the Indian Penal Code. The case involves allegations that the accused defrauded victims by promising cattle loans and misappropriating their documents to obtain loans for personal gain. The court noted that the charge-sheet had been filed and the applicant had no prior criminal antecedents. The primary issue was whether the applicant should be enlarged on regular bail given the nature of the fraud and the amount involved. The court reasoned that since the charge-sheet is filed and the applicant is willing to deposit a significant monetary sum to secure the interests of the victims, continued detention is not warranted, referencing the principles regarding the exercise of discretion in bail matters. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent.

Table of Content
1. application for regular bail under bnss for ipc fraud. (Para 1 , 2 , 3)
2. arguments regarding the necessity of bail vs. nature of offence. (Para 4 , 5)
3. evaluation of custody, charge-sheet, and monetary deposit. (Para 6)
4. grant of bail subject to monetary deposit and conditions. (Para 7 , 8 , 9 , 10 , 11 , 12)

ORAL ORDER

1. Heard learned Advocate Mr. Prerak Bhatt appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Trupesh Kathiriya 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. 11822019251406 of 2025 registered with Navsari Town Police Station, District Navsari, for the offence punishable under Sections 420, 120B and 34 of the Indian Penal Code.

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, 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. Allegation being that the accused had defrauded the complainant and other victims by promising to get loans for cattle from the bank and whereas thereafter, having used the documents of the victims to avail loan themselves.

ii. It would also appear that the present applicant in total had received an amount of Rs. 68,56,000/- in his bank account as well as in the account of his son.

iii. As against the same, this Court has considered the fact that the applicant is in custody since 09.10.2025, the charge-sheet having been filed and the applicant not having any other antecedents.

iv. This Court has also taken into consideration the submission made by learned Advocate Mr. Bhatt that the applicant is ready and willing to deposit an amount of Rs. 15,00,000/- with the learned Trial Court, i.e. Rs. 5,00,000/- as pre-precondition for release on bail and the remaining Rs. 10,00,000/- within a period of three months from the date of his release on bail.

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 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.

8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11822019251406 of 2025 registered with Navsari Town Police Station, District Navsari, on depositing an amount of Rs.500,000/- (Rupees Five Lakh Only) as a pre-condition for release on bail with the learned Trial Court and on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the like amount to the satisfaction of the trial Court an

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