R/CR.MA/20174/2025 ORDER DATED: 07/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 20174 of 2025 ========================================================== SANDEEPKUMAR KRASHNASWARUP NUVAL Versus STATE OF GUJARAT ========================================================== Appearance: MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1 VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/11/2025 ORAL ORDER [1.0] RULE. Learned APP waives service of rule for the respondent- State. [2.0] The present successive regular 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.11191023240530 of 2024 registered with Vadaj Police Station, Ahmedabad City for the offences punishable under Sections 316(2), 316(5) and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”). [3.0] Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. It is further submitted that nothing remains to be recovered or discovered from the applicant as the charge-sheet has already been filed. The allegation against the applicant is that he misused the ID, password, and digital signature of other officers and misappropriated an amount of 55,94,000/-. It is alleged that the said amount was transferred ₹ R/CR.MA/20174/2025 ORDER DATED: 07/11/2025 to the bank account of Urminal International Services Pvt. Ltd., despite the fact that it was not an authorized vendor, and yet payment was made to the said firm. To show his bona fides, the applicant is ready and willing to deposit a sum of 10,00,000/-, ₹ and in this regard, the applicant has filed an undertaking. The same is taken on record.He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. [4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail on the ground that merely filing of charge- sheet is not a ground to grant regular bail to the accused and if the applicant is granted bail then possibility of tampering with the evidence cannot be ruled out. Further, the accused persons in connivance with each other have duped victims to the tune of Rs.55,94,677/- and co- accused are yet to be arrested. He has therefore requested to dismiss the present application. [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of R/CR.MA/20174/2025 ORDER DATED: 07/11/2025 securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) Investigation is over and charge-sheet is filed; (2) The applicant is in jail since 29.08.2025; (3) Charge is framed but no single witness has been examined; (3) The applicant is a government servant. The allegation against him is that he has siphoned off and misappropriated an amount to the tune of 55,94,677/-, ₹ which was transferred at the behest of the present applicant. (4) To show his bona fide, he is ready and willing to deposit Rs.10,00,000/- before the concerned trial Court and in this regard, he has filed an undertaking; (5) The offence is triable by the Magistrate; (6) Nothing is required to be recovered or discovered from the possession of the present applicant; (7) The applicant has no past antecedent and commencement of trial will take its own time. (8) Similarly situated co-accused Vishwas S/o. Sandeepkumar Nuval, who is son of accused No.1 and in whose account money trail is found, has been considered by the learned Sessions Court and therefore, in view of R/CR.MA/20174/2025 ORDER DATED: 07/11/2025 decision of this Court in the case of Ramesh Batubhai Dabhi vs. State of Gujarat reported in 2011 (3) GLR 1150, applicant is entitled to the benefit of parity. [7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration. [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 the evidence in detail, 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.11191023240530 of 2024 registered with Vadaj Police Station, Ahmedabad City on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; (a) not take undue advantage of liberty or misuse liberty; R/CR.MA/20174/2025 ORDER DATED: 07/11/2025 (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 leave the 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 between 11.00 a.m. and 2.00 p.m.; (f) furnish the Aadhar Card number, e-mail ID, contact number/ s, passport number and 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 without prior permission of Trial Court; (g) The applicant shall deposit an amount of ₹2,00,000/- before the learned trial Court at the time of executing bail bond and after deposit the said 2 lakh rupees, the applicant shall be released, and the remaining 8,00,000/- shall be deposited on or before ₹ 6th February, 2026. In case of any default, the learned trial Court shall be at liberty to issue a warrant, cancel the bail, and take appropriate steps for securing the arrest of the applicant. [9.0] The authorities will release the applicant only if he 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. On deposit of the amount as undertaken by the applicant, the Nazir of the learned trial Court is directed to deposit the said amount in fixed deposit in any nationalized Bank renewable from time to time alongwith the interest accrued thereon and deposit of such amount shall be R/CR.MA/20174/2025 ORDER DATED: 07/11/2025 subject to final outcome of the trial. [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. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 07/11/2025 17:00:21