R/CR.MA/1889/2026 ORDER DATED: 23/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 1889 of 2026 ======================================================== KHETABHAI KHODABHAI BHARWAD Versus STATE OF GUJARAT ======================================================== Appearance: ROHANKUMAR M AMIN(8851) for the Applicant(s) No. 1 MR TRUPESH KATHIRIYA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ======================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 23/01/2026 ORAL ORDER 1. Heard learned Advocate Mr. Rohankumar M. Amin on behalf of the applicants and learned Additional Public Prosecutor Mr. Trupesh Kathiriya on behalf of respondent- State. 2. Rule. Learned APP and learned Advocate waive service of rule on behalf of the respective respondents. 3. The present applicants who have been arraigned as an accused have preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in connection with FIR being FIR No. 11192035250321 of 2025 registered with Mandal Police Station, Ahmedabad Rural for the offences punishable under Sections 465, 467, 471, 120B, 114 of the Indian Penal Code after filing of the charge-sheet. Page 1 of 5 R/CR.MA/1889/2026 ORDER DATED: 23/01/2026 4. Learned Advocate on behalf of the applicants would submit that considering the role attributed to the applicants, and nature of the allegation levelled against, the applicants 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 applicants in jail for indefinite period. It is further submitted that applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail. 5. The present application is vehemently objected to by learned APP on behalf of respondent- State by submitting that looking to the nature of offence and the role attributed to the present applicants, this Court may not exercise the discretion in favour of the applicants and the application may be dismissed. 6. This Court has heard learned Advocates for the respective parties and perused the FIR including charge-sheet as well as order passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court. 7. This Court has also considered the following aspects: (i) While the allegation in the FIR being of prepared forged documents for selling of valuable property and whereas the role attributed to the present applicants being of having identified the seller, of the property in question, and whereas it would appear that the person who was identified was a person impersonating the seller and not the seller himself. Page 2 of 5 R/CR.MA/1889/2026 ORDER DATED: 23/01/2026 (ii) It would appear that beyond the same no further role is attributed to the present applicants. (iii) This Court has also taken into consideration that all the evidences, in the offence, are documentary and whereas the applicants have been arrested on 09.10.2025 and the investigating officer having charge-sheet before the learned Trial Court on 03.01.2026. (iv) This Court has noticed that the applicants do not have any antecedents. 8. 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. 9. In the facts and circumstances of the case and considering the nature of the allegations made against the applicants 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 applicants on regular bail. 10. Hence, the present application is allowed. The applicants are ordered to be released on bail in connection with FIR being FIR No. 11192035250321 of 2025 registered with Mandal Police Station, Ahmedabad Rural on executing a bond of Rs. 25,000/- ( Rupees Twenty Five Thousand ) each with one surety of the like amount to the p. 3 R/CR.MA/1889/2026 ORDER DATED: 23/01/2026 satisfaction of the trial Court and subject to the conditions that they 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; [d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] Mark presence in the concerned Police Station once in a month for a period of six months. [f] 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 residential address without prior intimation to the I.O. 11. The Authorities will 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 take appropriate action in the matter. 12. 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. 13. At the stage of trial, the trial court shall not be influenced by any p. 4 R/CR.MA/1889/2026 ORDER DATED: 23/01/2026 observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicants for being released on regular bail. 14. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. (NIKHIL S. KARIEL,J) NIRU p. 5