Gujarat High Court
Naranbhai Fatubhai Vasava vs State Of Gujarat on 11 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5823/2026 ORDER DATED: 11/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 5823 of 2026
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NARANBHAI FATUBHAI VASAVA
Versus
STATE OF GUJARAT
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Appearance:
MR. AKSHAYKUMAR R. PATEL(16421) for the Applicant(s) No. 1
MS. SHIVAMI P. BRAHMAKSHATRIYA(6398) for the Applicant(s) No. 1
MR TRUPESH KATHERIA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 11/03/2026
ORAL ORDER
1. Heard learned advocate Ms. Shivami Brahmakshatriya appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Trupesh Katheria 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 Page 1 of 6 Uploaded by NAIR SMITA V.(HC00186) on Thu Mar 12 2026 Downloaded on : Thu Mar 12 23:05:01 IST 2026 NEUTRAL CITATION R/CR.MA/5823/2026 ORDER DATED: 11/03/2026 undefined the applicant on Regular Bail in connection with FIR being C.R. No. 05/2025 registered with AC.B. Police Station, Bharuch for the offence punishable under Sections 7, 13(1),(B) and 13(2) of the Prevention of Corruption Act.
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.
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6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. Allegation in the FIR being that the applicant has sought for illegal gratification and whereas, prima facie, it would appear that the way the entire issue has been handled, may reflect total abdication by the concerned authority.
ii. Prima faice, it would appear that the present applicant was required to investigate a complaint, which had been forwarded to him in the year 2016 and the allegation being that the applicant had sought for illegal gratification from the accused therein for not taking any action.
iii. The issue being of the year 2017 yet, the FIR is filed after a delay of 8 years, inter alia the reason for delay being stated that the result of voice spectrography test was made available only recently.
iv. Considering the same, this Court is inclined more particularly, since the present applicant is in custody since 04.12.2025, the charge-sheet having been filed and the applicant having no antecedents and applicant retiring this year.Page 3 of 6 Uploaded by NAIR SMITA V.(HC00186) on Thu Mar 12 2026 Downloaded on : Thu Mar 12 23:05:01 IST 2026
NEUTRAL CITATION R/CR.MA/5823/2026 ORDER DATED: 11/03/2026 undefined 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.
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. 05/2025 registered with AC.B. Police Station, Bharuch, 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;
Page 4 of 6 Uploaded by NAIR SMITA V.(HC00186) on Thu Mar 12 2026 Downloaded on : Thu Mar 12 23:05:01 IST 2026NEUTRAL CITATION R/CR.MA/5823/2026 ORDER DATED: 11/03/2026 undefined [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] mark presence once in 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.
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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 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) NAIR SMITA V./09-DB Page 6 of 6 Uploaded by NAIR SMITA V.(HC00186) on Thu Mar 12 2026 Downloaded on : Thu Mar 12 23:05:01 IST 2026