Gujarat High Court
Ravibhai Vasantbhai Rami vs State Of Gujarat on 9 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/26670/2025 ORDER DATED: 09/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 26670 of 2025
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RAVIBHAI VASANTBHAI RAMI
Versus
STATE OF GUJARAT
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Appearance:
MR KRISHNARAJSINH D CHAUHAN(10648) for the Applicant(s) No. 1
MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1
MR MANISH S SHAH(5859) for the Respondent(s) No. 1
MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/03/2026
ORAL ORDER
1. Heard learned Senior Advocate Mr.Nirupam D. Nanavaty with learned advocate Mr.Suraj Matieda appearing on behalf of the applicant, learned Additional Public Prosecutor Mr.Hardik Mehta appearing on behalf of the respondent-State and learned Senior Advocate Mr.I.H.Syed with learned advocate Mr.Manish Shah appearing on behalf of the original complainant.
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. 11191032250219/2025 registered with Page 1 of 8 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Mar 11 2026 Downloaded on : Wed Mar 11 21:35:54 IST 2026 NEUTRAL CITATION R/CR.MA/26670/2025 ORDER DATED: 09/03/2026 undefined Maninagar Police Station, Ahmedabad City for the offence punishable under Sections 316(2), 316(4), 318(3), 344, 338, 336(2), 336(3), 340(2), 54 of the BNS and Sections 66(C), 66(D) of the I.T.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. Page 2 of 8 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Mar 11 2026 Downloaded on : Wed Mar 11 21:35:54 IST 2026
NEUTRAL CITATION R/CR.MA/26670/2025 ORDER DATED: 09/03/2026 undefined
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The allegation being that the applicant had siphoned away substantial amount of money coming to Rs.12,54,37,950/-.
ii. While it would appear that the allegation being that the applicant, as an Account Manager, had misappropriated amount by paying salary to his wife and other family members though they were not employed with the applicant, yet, the fact that the charge-sheet papers may reveal that the same was an on-going practice in the complainant firm.
iii. The fact of the Investigating Officer having alleged offence punishable under Section 338 etc. which carried maximum imprisonment for 10 years, yet, this Court has considered the fact that the applicant is in custody since 05.08.2025, the charge-sheet has been laid and the offence being triable by Magistrate.
iv. This Court has also taken into consideration that the applicant is arraigned as an accused in FIR for offence Page 3 of 8 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Mar 11 2026 Downloaded on : Wed Mar 11 21:35:54 IST 2026 NEUTRAL CITATION R/CR.MA/26670/2025 ORDER DATED: 09/03/2026 undefined punishable under Section 406 of the IPC, thus, though the applicant has an antecedent, considering the above, this Court is inclined to consider this application. v. The fact of the present applicant having allegedly misappropriated Rs.12,54,37,950/- and whereas, learned Senior Advocate Mr.Nanavaty, under instructions, submitting that the allegation is of the applicant having misappropriated the monies and purchased several properties, details of which properties are found in the final Forensic Audit Report as given by the Forensic Auditor which had been at the instance of the Investigating Agency. vi. Learned Senior Advocate submitting that the details of 8 different properties have been given in the said final Forensic Audit Report including properties in the name of the applicant/ his wife/ his family members and whereas, learned Senior Advocate submitting that the applicant, to show his bona fides, without prejudice to his rights and contentions, would deposit an amount of Rs.1,00,00,000/- (Rupees One Crore) with learned Trial Court and also file undertaking personally as well as having undertakings filed by the persons in whose name properties are, as of now, Page 4 of 8 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Mar 11 2026 Downloaded on : Wed Mar 11 21:35:54 IST 2026 NEUTRAL CITATION R/CR.MA/26670/2025 ORDER DATED: 09/03/2026 undefined registered that the applicant or the person named in the property having no objection if the property is disposed of by the learned Trial Court as per the final outcome of the trial.
vii. It is once again clarified here that the above being without prejudice to the rights and contentions available to the present applicant at the stage of the trial. 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. being C.R. No. 11191032250219/2025 registered with Maninagar Police Station, Ahmedabad City, (i) on depositing Page 5 of 8 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Mar 11 2026 Downloaded on : Wed Mar 11 21:35:54 IST 2026 NEUTRAL CITATION R/CR.MA/26670/2025 ORDER DATED: 09/03/2026 undefined an amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) as a precondition of release; (ii) on filing an undertaking before the learned Trial Court within a period of one week from the date of release as regards the remaining amount of Rs.80,00,000/- (Rupees Eighty Lakhs Only) to be paid by the applicant within a period of 120 days from the date of his release; (iii) filing an undertaking by the applicant i.e. his personal undertaking, undertaking filed by his wife and undertaking by his family members i.e. undertaking by owners of the properties mentioned above, within a period of one week from the date of release, as regards the properties mentioned in the final Forensic Audit Report and in the Panchnama inter alia stating that the owners of the properties concerned would not alienate the property in question pending the trial and furthermore, that the owners of the property would not have any objection as regards the learned Trial Court passing appropriate orders as regards disposal of the property albeit subject to the rights and contentions and; (iv) on executing a bond of Rs.1,00,000/- (Rupees One Lakh 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; Page 6 of 8 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Mar 11 2026 Downloaded on : Wed Mar 11 21:35:54 IST 2026
NEUTRAL CITATION R/CR.MA/26670/2025 ORDER DATED: 09/03/2026 undefined [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] 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 one year before the concerned police station.
9. In case the above referred amount is not deposited within the stipulated time limit, it would be open for the Trial Court to take appropriate action in accordance with law. 9.1. Upon the amount being deposited, the same shall be invested in fixed deposit, and whereas, the learned Trial Court shall decide appropriately as regards apportionment / disbursement of the said amount, at the time of the final outcome of the trial.
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NEUTRAL CITATION R/CR.MA/26670/2025 ORDER DATED: 09/03/2026 undefined
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 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.
13. 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 Page 8 of 8 Uploaded by BHOOMI YOGESHKUMAR MISTRY(HC01557) on Wed Mar 11 2026 Downloaded on : Wed Mar 11 21:35:54 IST 2026