CAV ORDER

1. Rule returnable forthwith. The applicant herein has preferred the present application under Section 483(3) of the BNSS, 2023 praying for cancellation of anticipatory bail which was granted to the respondent no.1 accused by the coordinate bench of this court, vide order passed in Criminal Misc. Application No. 15331 of 2024 on 10.09.2024, which was modified on 13.09.2024, and consequently, to quash and set aside the said order.

2. Heard learned advocate Mr. Nishith Acharya for the applicant and learned APP Mr. Tirthraj Pandya for the respondent No.2-State. The respondent no.1 accused- Anilbhai Rameshbhai Vasoya was initially served the notice. However, he had not remained present, and as such, this Court had given one more opportunity to him to remain present. However, on the day, when the matter came up for hearing also, respondent no. 1 accused did not remain present before the court.

3. At the outset, the respondent no. 2 – Anilbhai Rameshbhai Vasoya was granted anticipatory bail by the co-ordinate bench of this court, vide order passed in Criminal Misc. Application No. 15331 of 2024 on 10.09.2024. The co-ordinate bench in its order had mentioned that, the applicant therein – respondent no. 1 herein, was ready and willing to deposit Rs. 15 lakhs in five equal monthly installments within five months, from the date of his release, pursuant to which, the Court had considered the said submission and had released the respondent no. 1 herein on anticipatory bail, by executing a personal bond of Rs.10,000/- with one surety of like amount, subject to conditions wherein,

condition no. (g) reads as below:

“(g) shall file an undertaking before learned Trial Court that he shall pay sum of Rs.15,00,000/- within a period of 5 months from the date of his release in equal monthly installments.”

4. As submitted by learned advocate Mr. Acharya, the respondent no. 1 herein, had not complied with the said condition, and had thereby committed breach of the same. The applicant has filed the present application on oath and thereafter, by way of additional affidavit dated 27.01.2026, has stated that the respondent no.1 accused in spite of having made a statement through his learned advocate before the coordinate bench during the hearing of Criminal Misc. Application No.15221 of 2024, and thereafter, having submitted an undertaking before the concerned Trial Court as regards depositing Rs.15 lakhs in five monthly installments within five months from the date of his release, however, had only deposited Rs.7,50,000/- at the end of five months, and till date, he has not deposited the remaining amount. Mr.Acharya has also submitted that, the respondent no.1 accused has committed one more offense, after being released on anticipatory bail in this case.

5. Thus, considering the fact that, the respondent no. 1 accused though having given an undertaking to deposit Rs.15 lakhs in five equal monthly installments, from the date of his release, having only deposited Rs.7,50,000/- till date, and not having deposited the remaining amount, he having committed breach of the bail condition, and also not having remained present before this court inspite of notice having been served, this appears to be a fit case to cancel his anticipatory bail, which was granted by virtue of order passed in Criminal Misc. Application No. 15331 of 2024 on 10.09.2024, which came to be modified on 13.09.2024.

6. In the event, the present application is allowed. The anticipatory bail granted to the respondent no. 1 accused by the coordinate bench vide order passed in Criminal Misc. Application No. 15331 of 2024 on 10.09.2024, which was modified by way of order dated 13.09.2024, is hereby cancelled. Consequently, the Investigating Officer of Amroli Police Station, Surat who had investigated the offence registered vide FIR No.11210004241374 of 2024, is directed to immediately arrest the accused in accordance with law. Rule is made absolute accordingly.