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R/CR.MA/7866/2026 ORDER DATED: 08/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 7866 of 2026 ========================================================== DILIPKUMAR AMRUTLALA OZA Versus STATE OF GUJARAT ========================================================== Appearance: GOVINDBHAI L TANK(7977) for the Applicant(s) No. 1 JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1 MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr.J.L.Chan appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Hardik 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 applicant on Regular Bail in connection with FIR being C.R. No. 11216008250119/2025 registered with Sector- 7 Police Station, Gandhinagar for the offence punishable
R/CR.MA/7866/2026 ORDER DATED: 08/04/2026 under Sections 406, 420, 465, 468, 471, 114 of the IPC. 4. Learned advocate 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 since 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 all the conditions that may be imposed by this Court if released on bail. 5. As against the same, learned Additional Public Prosecutor 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 may not exercise the discretion in favour of the applicant and the application may be dismissed. 6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
R/CR.MA/7866/2026 ORDER DATED: 08/04/2026 i. The allegation being that the accused had defrauded the complainant and other persons by promising them visa of various countries and taking substantial amounts from them and neither providing the visa as promised nor returning back the money in question. ii.
The present applicant appears to be a partner in the firm in question whereas the other partner being one Jaimin Patel. iii. It also appears that vide order dated 31.07.2025, a learned Coordinate Bench of this Court in Criminal Misc. Application No.15236/2025 has enlarged the said co- accused. iv. Considering the fact that the role attributed to the present applicant and the role attributed to the co-accused appears to be substantially similar, more particularly as noticed, both of them being partners in the firm and the co- accused having been granted regular bail by learned Coordinate Bench, the present applicant would be entitled to the benefit of parity. This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay
R/CR.MA/7866/2026 ORDER DATED: 08/04/2026 Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40. 7. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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. 8. 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. 11216008250119/2025 registered with Sector-7 Police Station, Gandhinagar, on executing a 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; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week;
R/CR.MA/7866/2026 ORDER DATED: 08/04/2026 [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] mark presence once a month for a period of six months before the concerned police station. 9. 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. 10. 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. 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
R/CR.MA/7866/2026 ORDER DATED: 08/04/2026 considering the application of the applicant for being released on regular bail. 12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J) Bhoomi Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 08/04/2026 17:38:31