ASHISHBHAI ASHOKBHAI DHADIYA @ GHADIYA v. STATE OF GUJARAT
CR.MA/26809/2025 · 2026-04-30
Utkarsh Thakorbhai Desai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1447 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1447 (GUJ) · dailylaw.ai ]
Judgment text
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R/CR.MA/26809/2025 ORDER DATED: 30/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 26809 of 2025 ========================================================== ASHISHBHAI ASHOKBHAI DHADIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR BM MANGUKIYA(437) for the Applicant(s) No. 1 MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1 MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 30/04/2026
ORAL ORDER
1. Leave to Amend. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor 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. 11210047250893 of 2025 registered with Udhna Police Station, Surat for the offence punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2), 3(5) of the BNS, 2023 and Section 66(D)
R/CR.MA/26809/2025 ORDER DATED: 30/04/2026 of the IT Act. 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, further incarceration of the applicant will not benefit the Investigation Officer in any manner. 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 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 applicant is a permanent resident of Surat and Amreli
R/CR.MA/26809/2025 ORDER DATED: 30/04/2026 districts, hence would be available at the time of trial; ii. The applicant does not have any criminal antecedents; iii. The investigation has been over and charge-sheet has been filed; iv.
Allegations against the applicant being of opening 11 current accounts upon instructions from one of the main accused, and whereas, the present applicant appears to be the Relationship Manager in the Vesu Branch of RBL Bank; v. The applicant having received commission from main accused Kirat Jadwani, for opening such 11 current accounts in the Vesu Branch of RBL Bank at Surat; vi. The other co-accused namely, Naresh Mansukhbhai Manini, Kalpesh Kantibhai Katheriya and Anil Pravinbhai Jani who have been granted bails by the Co-ordinate Benches vide orders passed in Cr.M.A Nos. 2007 of 2026 dated 30.04.2026, 21438 of 2025 dated 16.10.2025 and 26443 of 2025 dated 02.02.2026 respectively, are all Relationship Managers of RBL Bank with Varachha, Sahara and Varachha branches, respectively and the applicant also a Relationship Manager of the said bank of Vesu Branch, their roles are
R/CR.MA/26809/2025 ORDER DATED: 30/04/2026 identical; 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 F.I.R. registered as C.R. No. 11210047250893 of 2025 registered with Udhna Police Station, Surat, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five 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;
R/CR.MA/26809/2025 ORDER DATED: 30/04/2026 [b] not act in a manner injurious to the interest of the prosecution; [c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect; [d] not leave the geographical limits of District Surat and Amreli without prior permission of the Court concerned; [e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court; [f] mark presence on every Sunday before the concerned police station, till the trial is over; [g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station. 9. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. Page 5 of 6
R/CR.MA/26809/2025 ORDER DATED: 30/04/2026 If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law. 10. Bail bond to be executed before the trial court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 11.
At the stage of trial, the competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (UTKARSH THAKORBHAI DESAI, J) ANIRUDH OJHA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/05/2026 15:05:34