R/CR.MA/21964/2025 ORDER DATED: 17/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21964 of 2025 ========================================================== NIKUNJBHAI JAYANTILAL PATEL Versus STATE OF GUJARAT ========================================================== Appearance: MR GAURAV S THUMMAR(13022) for the Applicant(s) No. 1 MR JAY MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 17/11/2025 ORAL ORDER 1. Heard learned advocate Mr. Premal S. Rachh with learned advocate Mr. Gaurav S. Thummar, appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Jay Mehta, appearing on behalf of the respondent-State. 2. Rule. Learned APP waives service of rule on behalf of the respondent-State. 3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the R/CR.MA/21964/2025 ORDER DATED: 17/11/2025 applicant on Regular Bail in connection with FIR being C.R. No. Part-A, 11214020251885/2025 registered with Kamrej Police Station, Surat for the offence punishable under Section 316(4)(5) of B.N.S., 2023. 4. Learned advocate Mr. Premal S. Rachh with learned advocate Mr. Gaurav S. Thummar for the applicant would submit that considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that the charge-sheet is filed 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 the conditions that may be imposed by this Court if released on bail. 5. As against the same, learned Additional Public Prosecutor Mr. Mehta appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court R/CR.MA/21964/2025 ORDER DATED: 17/11/2025 may not exercise the discretion in favour of the applicant and the application may be dismissed. 6. Having regard to the fact that the applicant has prayed for grant of regular bail, learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. While the allegation is that the applicant had siphoned of 96,00,000/- from the firm in which the applicant was working, it would appear that the entire allegation is based upon documents, which have been recovered and whereas, the DVR, which had been removed by the applicant, is also stated to be recovered; ii. The fact of charge-sheet having been laid by the I.O.; iii. The fact of the applicant being in custody from 21.06.2025; iv. The fact of the applicant being aged 45 years ; v. The fact of there being no antecedents against the applicant R/CR.MA/21964/2025 ORDER DATED: 17/11/2025 of being involved in such an offence hereinbefore; This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 8. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, 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. 9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. Part-A, 11214020251885/2025 registered with Kamrej Police Station, District- Surat, on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousands 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; [b] not act in a manner injurious to the interest of the R/CR.MA/21964/2025 ORDER DATED: 17/11/2025 prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the I.O.; [f] to mark his presence once a month for a period of six months; 10. 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 Court concerned will be free to take appropriate action in the matter. 11. 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. Page 5 of 6 R/CR.MA/21964/2025 ORDER DATED: 17/11/2025 12. At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail. 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) PD Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 17/11/2025 15:53:51