R/CR.MA/17159/2025 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 17159 of 2025 ========================================================== MUNJAJI VEJAJI ODEDARA Versus STATE OF GUJARAT ========================================================== Appearance: SENIOR ADVOCATE N.D NANAVATY WITH YASH G PATEL(9316) for the Applicant(s) No. 1 MR TRUPESH KATHIRIYA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 12/09/2025 ORAL ORDER 1. Heard learned advocate for the applicant and learned APP for the respondent – State. 2. By this application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11218009240833 of 2024 registered with Kamlabagh Police Station, District Porbandar for the offences punishable under Sections 316, 318(4), 61() of BNS and under Sections 3 of the GPID Act. 3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of R/CR.MA/17159/2025 ORDER DATED: 12/09/2025 the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions. 4. On the other hand, learned APP appearing for the respondent – State vehemently submits that, the offences, which have been charged, are serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicant, no discretion would be required to be exercised. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :- (i) the applicant is in jail since 17.04.2025; (ii) the investigation is over and the charge-sheet is filed; (iii) no past antecedent; (iv) As per the report submitted by the learned APP, though certain instances have been pointed out R/CR.MA/17159/2025 ORDER DATED: 12/09/2025 wherein the amount is allegedly accepted by the present applicant, the said amount was accepted along with co-accused Sanjay Dawda. Only in respect of three instances, a total sum of Rs. 5 lakh is alleged to have been individually accepted by the present applicant, as per the report. For the rest of remaining deposits, which are alleged not to have been deposited in the society, the majority were accepted by co-accused Sanjay Dawda, while some deposits were accepted jointly by the present applicant and the co-accused. However, deposits amounting to Rs. 5 lakh alone are attributed exclusively to the present applicant, which are alleged to have not been deposited in the society. (v) According to learned Senior Advocate Mr. Nanavati, co-accused Sapnaben Sanjaybhai Dawda, who was also an authorized signatory, has been granted bail by the Coordinate Bench vide order dated 31.07.2025 in CRMA No. 15487 of 2025. Similarly, co-accused Manan Sanjaybhai Dawda was granted bail vide order dated 26.06.2025 in CRMA No. 11853 of 2025, and one Kalpesh Narendrabhai Rughani was enlarged on regular bail by the learned Sessions Judge, Porbandar, vide order dated R/CR.MA/17159/2025 ORDER DATED: 12/09/2025 25.06.2025 in Criminal Miscellaneous Application No. 252 of 2025. Learned Senior Advocate Mr. Nanavati fairly submits that the role of the present applicant is similar to that of Sapnaben Sanjaybhai Dawda, who was also an authorized signatory, and therefore, he seeks parity with her case. 6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R.No.11218009240833 of 2024 registered with Kamlabagh Police Station, District Porbandar on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the R/CR.MA/17159/2025 ORDER DATED: 12/09/2025 Sessions Judge concerned; [e] furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; [f] mark his presence before the concerned police station in the first week of every month till the trial is over; 7. The Authorities will release the applicant only if the applicant 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. Bail bond to be executed before the learned 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. At the trial, learned 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. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIRZAR S. DESAI,J) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 12/09/2025 18:40:37