R/CR.MA/4840/2025 ORDER DATED: 17/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 4840 of 2025 ========================================================== MAYURBHAI NANDLALBHAI DHAMELIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR DARSHANKUMAR P VEGAD(11612) for the Applicant(s) No. 1 MR P B KHAMBHOLJA(5730) for the Respondent(s) No. 2 MR. MEET THAKKAR, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 17/04/2025 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. 11191067240099 of 2024 registered with Cyber Crime Police Station, Ahmedabad City. 2. Heard learned Advocate for the Applicant, learned APP for the Respondent – State and learned Advocate appearing on behalf of the Original Complainant. 3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. P.B.Khambholja waives service of notice of Rule on behalf of the Original Complainant. 4. 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 R/CR.MA/4840/2025 ORDER DATED: 17/04/2025 the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail. 5. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicant had actively participated in commission of the offence in question as the Applicant had got opened the Bank Account in the name of some other person and the details have been provided to the other co-accused and an amount of Rs.16 Lacs had been deposited in the said account. The said amount belonged to the proceeds of fraud. The present Applicant had thereafter withdrawn the said amount from the Bank Account and had passed on the said amount to the other co-accused after deducting his commission. 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. 6. Learned Advocate Mr. P.B.Khambholja appearing on behalf of the Original Complainant has submitted that the matter has been amicably settled between the parties and the Applicant has no objection if the Applicant is ordered to be enlarged on bail. He therefore prayed to pass an appropriate order. 7. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. As per the case of the prosecution, the role attributed to the present Applicant in the present offence is to the effect that he got a Bank Account opened in the name of the third person and the details of the said Bank Account had been furnished by him to the other co-accused and an amount of Rs.16 Lacs had been deposited in the said Bank Account which had been withdrawn by the Applicant and after having received the said amount, the same had been further transferred by him to the other co- accused. Considering these aspects, the Application deserves consideration. Page 2 of 4 R/CR.MA/4840/2025 ORDER DATED: 17/04/2025 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 12.11.2024. (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. 8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into 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 R/CR.MA/4840/2025 ORDER DATED: 17/04/2025 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. (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. 9. 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. 10. 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. 11. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 12. Rule is made absolute. Direct service permitted. (M. R. MENGDEY,J) J.N.W / 61 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 17/04/2025 18:37:58