R/CR.MA/2433/2025 ORDER DATED: 27/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 2433 of 2025 ========================================================== RUPASHRI AMIT MISHRA Versus STATE OF GUJARAT ========================================================== Appearance: MR JAL SOLI UNWALA, SR. ADVOCATE WITH MR HARSHADRAY A DAVE(3461) for the Applicant(s) No. 1 MR BHADRISH RAJU, ASSISTED BY MR. NIMIT Y SHUKLA(8338) for the Complainant MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 27/06/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of rule for the respondent-State. The complainant – party in person is present in the Court. [2.0] The present successive bail application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for Regular Bail in connection with FIR being C.R. No. 11191011240254 of 2024 registered with DCB Police Station, Ahmedabad, for the offence under Sections 406, 409, 420, 465, 467, 468, 471, 474(A) and 120B of Indian Penal Code, 1860. [3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Case is based on documentary evidence. Allegation against the applicant, her husband and other accused is that, from March, 2018 to June, 2024, the alleged proprietorship firms and partnership firms for their own benefits at place where they had not worked, had forged bills and sent to the co- accused and in collusion and connivance with other co-accused, uploaded the said forged bills in the system and got 616 bills and paid R/CR.MA/2433/2025 ORDER DATED: 27/06/2025 Rs.12,12,08,770/- in 14 proprietorship firms and partnership firms and thereby, committed the offence of cheating and criminal breach of trust. It is submitted that, investigation is over and chargesheet has been filed. The applicant being lady accused, is having minor children and social responsibility. However, to show her bonafide, the applicant has already deposited Rs.17,17,400/- before the trial Court and even is further ready and willing to deposit 50 % of the total amount derived, which comes to Rs.1,32,41,300/- within six equal monthly installments. Today, the applicant has rendered two demand drafts, each of Rs.9,00,000/- and Rs.3,65,370/- respectively to show her bonafide. In view of the above, learned counsel for the petitioner has requested that without arguing the case further on merit, the applicant may be enlarged on regular bail on humanitarian ground also. [4.0] Mr. Rohan Shah, learned APP appearing on behalf of the respondent- State and Mr. Bhadrish Raju, learned counsel for the complainant have opposed the present application and submitted that, though the applicant is a lady, was part of conspiracy and in collusion and connivance with other co- accused, caused loss of Rs.12,12,08,770/- to the complainant company and there is money trial in her account. It is also submitted that, earlier bail applications came to be withdrawn and present being successive bail application without changed any circumstances, does not deserve any consideration. [4.1] Mr. Raju, learned counsel for the complainant contended that, the husband of the applicant is a kingpin and he has siphoned off the amount; merely filing of the chargesheet is not a ground to allow the bail application. Considering the seriousness of the offence and involvement of the applicant, application may not be entertained. Applicant is a lack of bonafide. Nonetheless, the applicant, her husband and father in law having various fictitious firms and by forging forged bills, siphoned off the amount and transferred to various bank accounts. Now, only with a view to open a R/CR.MA/2433/2025 ORDER DATED: 27/06/2025 window and secure the bail of other accused, the applicant has filed an undertaking to show her bonafide, which is nothing but lack of bonafide. Even still investigation is going on and amount is yet to be traced out, he requested to dismiss the present application. However, if this Court deems fit to release the applicant on bail, this order may not be treated as parity and other accused including the husband of the applicant are not entitled to claim the parity merely present applicant is enlarged on bail. In view of the above, he submitted that, appropriate order may be passed in the captioned bail application. [5.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Investigation is over and chargesheet has been filed; Applicant is lady accused and in jail since 08.10.2024. From the record, it appears that, the complainant – Arjun Pramodbhai Dudhatra is serving as a Deputy Manager, Reliance Jio Infocom Ltd., and has lodged the FIR stating therein that, from March, 2018 to June, 2024, the alleged proprietorship firms and partnership firms for their own benefits at place where they had not worked and without executing any contract or work order with the maintenance work of the towers with Reliance Jio Infocom Ltd., had forged bills and sent to the co-accused and in collusion and connivance with other co-accused, uploaded the said forged bills in the system as genuine one and got 616 bills and paid Rs.12,12,08,770/- in 14 proprietorship firms and partnership firms and thereby, committed the offence of cheating and criminal breach of trust. Case is based on documentary evidence and further investigation is in progress. Amount is yet to be recovered and trail of siphoned amount is yet to be investigated. Though the investigation is going on, the applicant being lady, having two minor children and at this stage, considering her bonafide to deposit Rs.1,32,41,300/- (50 % of the total outstanding balance amount), and as learned counsel for the complainant has also not raised any grievance, applicant may be released on bail. Page 3 of 5 R/CR.MA/2433/2025 ORDER DATED: 27/06/2025 [8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing further on merit, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11191011240254 of 2024 registered with DCB Police Station, Ahmedabad on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one local surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall; (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police; (c) surrender passport, if any, to the Trial Court within a week; (d) not to leave State of Gujarat without prior permission of the Trial Court concerned; (e) mark presence before the concerned police station once in a month for a period of six months; (f) furnish Aadhar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court; (g) Considering the averments made in the undertaking that the applicant has already deposited Rs.17,17,400/- before the trial Court and even is further ready and willing to deposit 50 % of the total amount derived, which comes to Rs.1,32,41,300/- within six equal monthly installments, the applicant shall deposit Rs.1,32,41,300/- (i.e. 50 % of total remaining amount of R/CR.MA/2433/2025 ORDER DATED: 27/06/2025 Rs.2,64,82,600/-) within six equal monthly installments. [9.0] The authorities will release the applicant only if she is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. [10.0] Bail bond to be executed before the lower 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. [11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. [12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. The applicant shall act as per the terms of the Undertaking dated 19.06.2025 filed by her. Undertaking and photocopies of demand drafts are accepted and ordered to be taken on record. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 27/06/2025 18:15:12