Gujarat High Court
Sureshbhai Ramchand Tolani vs State Of Gujarat on 27 March, 2026
NEUTRAL CITATION
R/CR.MA/6605/2026 ORDER DATED: 27/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6605 of 2026
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SURESHBHAI RAMCHAND TOLANI
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR.KRUTIK PARIKH, APP for the Respondent(s) No. 1
MR.L.V.PATEL, ADVOCATE for MR.R.J.GOSWAMI, ADVOCATE for the
Complainant
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 27/03/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor 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. 06 of 2025 registered Page 1 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026 NEUTRAL CITATION R/CR.MA/6605/2026 ORDER DATED: 27/03/2026 undefined with Vadodara City A.C.B. Police Station, Vadodara, for the offence punishable under Sections 7A of the Prevention of Corruption Act, 1988 (Amendment, 2018).
4. Heard learned advocate Mr.P.P.Majmudar on behalf of the applicant who has submitted that the investigation is over and charge-sheet has been filed. Hence, further incarceration of the applicant will not benefit the Investigating Officer in any manner. The applicant is ready and willing to abide by any condition which may be imposed by this Court, if released on bail. Mr.Majmudar further submitted that the offense against the applicant would be under Sections 7A of the Prevention of Corruption Act, 1988 (Amendment, 2018), and in absence of any public servant being implicated, the said offense against the applicant who is not a public servant, will not hold good. Accordingly, Mr.Majmudar has urged to allow the application and release the applicant on bail subject to necessary conditions. Learned advocate Mr.Majmudar, upon instructions, has submitted that the applicant would Page 2 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026 NEUTRAL CITATION R/CR.MA/6605/2026 ORDER DATED: 27/03/2026 undefined remain present before the FSL, Gandhinagar, for his voice spectrography test.
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 discretion in favour of the applicant and the application may be dismissed.
6. Learned advocate Mr.L.V.Patel appearing for Mr.R.J.Goswami learned advocate for the original complainant has drawn the attention of the Court towards the affidavit filed by the son of the original complainant, whereby, the present bail application has been strongly opposed by him. Mr.Patel has submitted that though it was P.I. Mr.Vasava of Varasiya Police Station who had demanded the bribe of Rs.5 lakhs, the Investigating Officer has not made him an accused and instead shown Page 3 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026 NEUTRAL CITATION R/CR.MA/6605/2026 ORDER DATED: 27/03/2026 undefined him as a prosecution witness. Mr.Patel has drawn the attention of the Court towards the averments of para 9 of the affidavit of the original complainant's son, wherein, it has been mentioned that P.I. Mr.S.M.Vasava was the accused in the offense and ought to have been arrested by the Investigating Officer, however, has not done so and instead, has shown him as prosecution witness. Accordingly, Mr.Patel has urged this Court to reject this bail application.
7. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is a permanent resident of Vadodara, hence would be available at the time of trial; ii. The applicant does not have any criminal antecedents.
iii. No further recovery or discovery is to be affected Page 4 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026 NEUTRAL CITATION R/CR.MA/6605/2026 ORDER DATED: 27/03/2026 undefined from the applicant.
iv. The original complainant is at liberty to redress his grievance as regards PI of Varasiya Police Station Mr.S.M.Vasava's alleged involvement in the offense, before the appropriate forum.
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.
8. 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.
9. Hence, the present application is allowed. The Page 5 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026 NEUTRAL CITATION R/CR.MA/6605/2026 ORDER DATED: 27/03/2026 undefined applicant is ordered to be released on bail in connection with FIR being C.R. No. 06 of 2025 registered with Vadodara City A.C.B. Police Station, Vadodara, on executing a bail 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, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned; [e] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without Page 6 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026 NEUTRAL CITATION R/CR.MA/6605/2026 ORDER DATED: 27/03/2026 undefined prior intimation to the I.O. and the court; [f] mark presence on every Monday before the concerned police station for one year. [g] upon being summoned by the Investigating Officer, shall co-operate and remain present before the FSL, Gandhinagar, for rendering his voice samples for voice spectrography test, without fail.
10. 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.
11. 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. At the stage of trial, the trial court shall not be Page 7 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026 NEUTRAL CITATION R/CR.MA/6605/2026 ORDER DATED: 27/03/2026 undefined influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH Page 8 of 8 Uploaded by ANKIT SHAH(HC01063) on Fri Mar 27 2026 Downloaded on : Sat Mar 28 00:19:45 IST 2026