R/CR.MA/20433/2025 ORDER DATED: 07/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 20433 of 2025 ========================================================== BHARATBHAI RATNABHAI DHIYAD(BHARATBHAI RATNABHAI GHIYAD) & ORS. Versus STATE OF GUJARAT ========================================================== Appearance: SAJID Y KARIYANIYA(9619) for the applicants(s) No. 1,2,3 MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 07/10/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State. 2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11211050250359 of 2025 registered with Thangadh Police Station, District Surendranagar. 3. Learned advocate for the applicants has submitted that considering the nature of offence and role attributed to the applicants, the applicants may be enlarged on regular bail by imposing suitable conditions. 4. The learned APP appearing for the respondent State has R/CR.MA/20433/2025 ORDER DATED: 07/10/2025 vehemently submitted that the applicants happen to be members of the Co-operative Society and being members of society, the applicants and other co-accused had allured the investors of huge profit on the investments in the various schemes of the society and thus, huge amount had been collected from the investors. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicants, no discretion is required to be exercised. 5. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. As per the case of prosecution, the applicants are member of the society which had indulged into floating several investment schemes and had allured people of huge profits on their investments. The other co-accused have been considered for grant of bail. Having regard to this aspect, the present application deserves consideration. 6. 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 applicants accused at the time of trial and tampering and hampering with the witnesses by the accused. (b) That the learned Advocate for the applicants has R/CR.MA/20433/2025 ORDER DATED: 07/10/2025 submitted that the applicants Accused is not likely to flee away. (c) That the applicants is in custody. (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. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail. Hence, the application is allowed and the applicants is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) (EACH) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that; (a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) shall maintain law and order and not to indulge in any criminal activities. (c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the R/CR.MA/20433/2025 ORDER DATED: 07/10/2025 time of executing the bond and shall not change residence without prior permission of the trial Court. (d) shall 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) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any. (f) shall not leave India without prior permission of the Trial Court (g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect. (h) shall 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. 8. The authorities concerned shall release the applicants only if they are 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 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 4 of 5 R/CR.MA/20433/2025 ORDER DATED: 07/10/2025 9. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 10. Rule made absolute to the aforesaid extent. Direct service is permitted. (M. R. MENGDEY,J) NABILA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 08/10/2025 10:45:21