R/CR.MA/4674/2025 ORDER DATED: 08/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 4674 of 2025 ========================================================== CHANDRESH DIPAKBHAI GANGARAMANI Versus STATE OF GUJARAT ========================================================== Appearance: MR MANISH J PATEL(2131) for the Applicant(s) No. 1 MR BHADRISH RAJU wit MR. NIMIT Y SHUKLA(8338) for the Respondent(s) No. 1 MR MEET THAKKAR, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 08/07/2025 ORAL ORDER 1. 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.11191011240254 of 2024 registered with DCB Police Station, Ahmedabad. 2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr Bhadrish Raju waives service of notice of Rule on behalf of the Original Complainant. 3. Heard learned advocate Mr. Manish J. Patel appearing for the applicant. He submitted that, in the present offence, investigation is over and charge-sheet has been filed. The R/CR.MA/4674/2025 ORDER DATED: 08/07/2025 applicant has been arrested in connection with the present offence on 06.10.2024 and since then, he is in custody. The applicant was the contractual employee of the complainant company. There has been no financial gain caused to the present applicant from the present offence. Whatever amount had been received in the account of the applicant, had been transferred by the present applicant to the other co-accused. Learned Advocate for the Applicant has submitted that the Applicant has good reputation in the society and 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. 4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the present applicant herein had played an active role in commission of offence in question. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed. 5. Learned advocate Mr. Bhadrish Raju appearing for the complainant has opposed the application contending that the applicant was an employee of the sub-contractor of the complainant company and he was working with the finance department of the company. He in collision with the other co- accused, has committed the present fraud wherein the company has been duped to the tune of rupees 12.12 crores. He therefore submitted to dismiss the present application. Page 2 of 5 R/CR.MA/4674/2025 ORDER DATED: 08/07/2025 6. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. It is alleged against the applicant that he was working with the Finance department of the company as a contractual employee and while working as such, with use of the ID and Password of the other co-accused namely Mr Umesh Jagdish Bhagat, as per the case of prosecution, 611 fake bills had been forwarded to the Head Office of the company for the purpose of payment. From the records, it appears that the applicant herein had acted on the basis of instructions given by the other co-accused namely Mr. Umesh Jagdish Bhagat, who was head of the finance department and immediate boss of the present applicant. Considering these aspects, the Application deserves consideration. This court has also considered the following aspects: (a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused. (b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away. (c) That the Applicant is in custody since 06.10.2024. (d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40. 7. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into R/CR.MA/4674/2025 ORDER DATED: 08/07/2025 consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall: (a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) maintain law and order and not to indulge in any criminal activities. (c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court. (d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court. (e) mark presence before the concerned Police Station once in a month for a period of six months between 11:00 a.m. and 2.00 pm. Page 4 of 5 R/CR.MA/4674/2025 ORDER DATED: 08/07/2025 (f) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any. (g) not leave India without prior permission of the Trial Court (h) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect. 8. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for. 9. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being. 10. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 11. Rule is made absolute. Direct service permitted. (M. R. MENGDEY,J) AHS Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 08/07/2025 19:15:43