R/CR.MA/13899/2026 ORDER DATED: 07/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 13899 of 2026 ========================================================== PAURAVBHAI RAMESHCHANDRA PATEL Versus STATE OF GUJARAT ========================================================== Appearance: MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 07/07/2026 ORDER [1.0] Learned advocate Mr. Harshit Purohit states that he has instruction to appear for original complainant and seeks to file his appearance. Permission, as sought for, is granted. Registry to accept his vakalatnama. [2.0] RULE. Learned APP waives service of rule for the respondent-State. Learned advocate appearing for original complainant waives service of rule on his behalf. [3.0] The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R.No.11192011260139 of 2026 registered with Bopal Police Station, Ahmedabad (Rural), for the offences under Sections 316(2), 316(5), 61(2), 3(5) of BNS, 2023 and Section 3 of the Gujarat Protection of Interest of Depositors (In Financial Establishments) Act. [4.0] Learned advocate appearing on behalf of the applicant R/CR.MA/13899/2026 ORDER DATED: 07/07/2026 submits that the applicant is innocent and has been falsely implicated in the offence. Investigation is over and charge-sheet has been filed. Nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. [5.0] 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 the applicant is very much involved in the present offence and considering the gravity of offence, no case is made out to entertain present bail application. If the applicant is released on bail, possibility cannot be ruled out that the applicant will flee from justice. Therefore, present application does not deserve consideration. [6.0] 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 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 R/CR.MA/13899/2026 ORDER DATED: 07/07/2026 required to be considered. [7.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. It is the case of the prosecution that accused nos.2 and 3 launched flat scheme namely ‘Akshar Anant’ and received bookings from customers, herein witnesses. As they failed to execute further work of the said scheme, they received finance from one Keshav Narayan Group. Considering failure in the project, entire scheme and project came to be transferred. Without consideration, documents came to be executed in favour of accused nos.4, 5 and 6. Present applicant is accused no.4. Present applicant has not entered into any sale proceedings of the said flats. Further, learned advocate for the original complainant has fairly submitted that accused nos.2, 3, 5 and 6 are on run and having past antecedents and if they are released, possibility cannot be ruled out tempering with the evidence and settlement proceedings are going on between the parties and victims which may hamper due to release of present applicant. Against the same, learned advocate for the applicant, upon instructions, has submitted that the applicant is ready and willing to reverse or relinquish his share or transaction in favour of the complainant or any other victim or the person as directed by the complainant and he is ready and willing to put his signature in MOU/settlement proceedings and in this regard, to show his bonafide, he has filed undertaking which is taken on record. Considering the aforesaid facts and as the investigation is over, charge-sheet is filed and as case is based on documentary evidence and even the complainant and the victims approached the RERA, present application is required to be considered. Following aspects have been considered: R/CR.MA/13899/2026 ORDER DATED: 07/07/2026 (1) Investigation is over and charge-sheet is filed; (2) Applicant is behind the bar since 24/02/2026; (3) There is nothing to be recovered or discovered from the applicant; (4) Obviously commencement and conclusion of trial will take its own time; (5) Prosecution has failed to point out the circumstances to continue or prolong his detention. [8.0] 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. [9.0] 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.11192011260139 of 2026 registered with Bopal Police Station, Ahmedabad (Rural), on executing a personal R/CR.MA/13899/2026 ORDER DATED: 07/07/2026 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/she shall; (a) not take undue advantage of liberty or misuse liberty; (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 every month for a period of six months between 11.00 a.m. and 2.00 p.m.; (f) furnish the Aadhaar card, email ID/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/contact number without prior permission of Trial Court; (g) not to indulge in any illegal activity failing which learned trial Court shall issue warrant and cancel the bail of the applicant. (h) not to contact or try to contact directly or indirectly the complainant/victim/witnesses connected with the offence; (i) not to enter in any manner into transaction or dealing of the said property as defined under the Transfer of Property Act; (j) as and when if settlement proceedings took place, at R/CR.MA/13899/2026 ORDER DATED: 07/07/2026 that time, he has to execute the MOU or reverse the alleged sale transaction as directed by the complainant/victim and in this regard, he has to file undertaking before the concerned court at the time of furnishing bail bond; [10.0] 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. [11.0] 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. [12.0] 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. [13.0] Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ILA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 07/07/2026 14:22:17