R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 Reserved On : 26/02/2026 Pronounced On : 14/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO. 26044 of 2025 In R/CRIMINAL MISC.APPLICATION/17481/2024 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI ========================================================== Approved for Reporting Yes No  ========================================================== DHIRAJKUMAR JAYANTIBHAI CHAUDHARY Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR NAREN B GADHVI(13530) for the Applicant(s) No. 1 MR VISHAL N SOLANKI(11628) for the Applicant(s) No. 1 MR. MAULIK M SONI(7249) for the Respondent(s) No. 2,3,4 MR TIRTHRAJ PANDYA, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI CAV ORDER 1. The applicant, herein, who is the original complainant, has preferred the present application under Section 483(3) of the BNSS, 2023 praying for cancellation R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 of anticipatory bail granted to the respondent nos. 2, 3 & 4 – accused, by the coordinate bench vide order passed in Criminal Misc. Application No. 17481 of 2024 on 16.10.2024. 2. The FIR in question came to be registered vide Part A I- C.R. No. 11206075240729 of 2024 by Visnagar Town Police Station, Mehsana on 10.08.2024, for the offence alleged to have been committed under Sections 406, 420 and 114 of the Indian Penal Code, 1860. 3. At the outset, on perusing the order passed by the co-ordinate bench granting anticipatory bail to the respondent nos. 2 to 4, a statement was made on their behalf by their learned Senior Advocate that, the respondent nos. 2 to 4 i.e. the applicants therein, were ready and willing to deposit the amount of Rs.59 lakhs, which was paid by the original complainant and also deposit additional amount of Rs.21 lakhs, which was paid by another victim. The said amounts were given to the respondent nos. 2 to 4 for procuring Canadian Visas and R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 PR procedure. It was submitted on behalf of the respondent nos. 2 to 4 that, they would deposit an amount of Rs. 14 lakhs within a period of one week from the date of the said order, and thereafter, they would deposit 9 monthly installments of Rs. 9 lakhs each, and thereafter, 3 monthly installments of Rs. 7 lakhs each. In the light of such readiness and willingness of the respondent nos. 2 to 4 to deposit the amount of Rs.80 lakhs as per the statement made by their learned Senior Advocate, the co-ordinate bench had allowed the application preferred by the respondents accused and had released them on anticipatory bail. The coordinate bench had also noted in its order that “the applicant i.e. the respondent – accused shall file an undertaking before the concerned Trial Court as regards the amount which he is willing to deposit as per the statement of learned Senior Counsel, before the concerned Trial Court within a period of one week from the date of execution of bond.” 4. Thereafter, the respondents accused had filed R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 Criminal Misc. Application No. 1 of 2025 (for extension of time) in Criminal Misc. Application No. 17481 of 2024, wherein, they had prayed to the court that, because of their poor financial condition, they were not in a position to deposit Rs. 5 lakhs every month, and therefore the condition be modified, requiring the applicants therein to deposit the amount of Rs. 5 lakhs every two months. 5. Heard learned advocate Mr. Naren B. Gadhvi with Mr. Vishal Solanki for the applicants. Mr. Gadhvi has submitted that, the applicants had committed breach of the order of the coordinate bench and though they had promised to deposit the amounts as per their undertaking, they had deposited only Rs. 34 lakhs till March 2025, instead of the total amount of Rs. 80 lakhs. Hence, the respondents accused having committed breach of the bail conditions, the present application be allowed, and the anticipatory bail which came to be granted to the respondents accused be cancelled and they be taken into custody. Page 4 of 8 R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 6. Heard learned advocate Mr. Maulik M., Soni for the respondent nos. 2 to 4 – accused, who has stated that, the respondents are regularly paying the installments before the trial court, and they have not committed any breach of the bail conditions, and hence, this application should be rejected. 7. Heard learned APP Mr. Tirthraj Pandya on behalf of respondent no. 1 – State, who has adopted the submissions of Mr. Gadhvi. Mr. Pandya has further submitted that, the anticipatory bail came to be granted to the respondents – accused, subject to their undertaking of repayment of the amounts and not otherwise. However, thereafter they chose not to abide by their undertaking and after depositing part money, the remaining amount is yet to be deposited. Mr. Pandya has stated that, the respondents – accused have committed breach of the bail conditions, hence, necessary order be passed. 8. This court had called for the report from the court of R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 the Additional Chief Judicial Magistrate of Visnagar, as regards, the details of the amounts which had been deposited by the respondents – accused in the said court. The learned ACJM had forwarded the report dated 24.02.2026, from wherein, it is revealed that, the respondents – accused had deposited in all Rs. 34 lakhs till 29.05.2025. However, thereafter they had stopped depositing the installments with the concerned competent court. It is pertinent to observe that, though the co- ordinate bench had modified the condition of 9 monthly installments of Rs.5 lakhs each to bi-monthly installments of the said amount, the respondents – accused had failed to honour their commitment. 9. In the light of the report forwarded by the learned ACJM of Visnagar dated 24.02.2026, considering the fact that, the respondents – accused had lastly deposited the installment of Rs.5 lakhs on 29.05.2025, and thereafter not having deposited any further installment till date, they have committed a clear and unequivocal breach of R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 their own undertaking, and the condition laid down by the coordinate bench. 10. In the event, the present application is hereby allowed. Consequently, the order passed by the co- ordinate bench in Criminal Misc. Application No. 17481 of 2024 dated 16.10.2024 granting anticipatory bail to the respondents – accused, is hereby quashed and set aside. In further consequence, the Investigation Officer, who had conducted the investigation of the offence which came to be registered by way of FIR bearing Part A I- C.R. No. 11206075240729 of 2024 with Visnagar Town Police Station, Mehsana is directed to immediately arrest the respondent nos. 2 to 4 – accused in accordance with law. Rule is made absolute. (UTKARSH THAKORBHAI DESAI, J) FURTHER ORDER: After the above order was pronounced, Mr. Maulik R/CR.MA/26044/2025 CAV ORDER DATED: 14/05/2026 Soni, learned advocate for the respondent nos. 2 to 4 – accused has sought for stay of the order for a period of three weeks. The said request is not acceded to and the same is hereby rejected. (UTKARSH THAKORBHAI DESAI, J) DIVYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/05/2026 15:26:29