Gujarat High Court
Sandeepbhai Haribhai Vaghela ... vs State Of Gujarat on 21 November, 2025
NEUTRAL CITATION
R/CR.MA/23487/2025 ORDER DATED: 21/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 23487 of 2025
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SANDEEPBHAI HARIBHAI VAGHELA (PRAJAPATI)
Versus
STATE OF GUJARAT
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Appearance:
MR RUTVIJ S OZA(5594) for the Applicant(s) No. 1
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 21/11/2025
ORAL ORDER
1. 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. 11206045250448 of 2025 registered with City 'B' Division Police Station, Mahesana.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent - State. Learned Advocate Mr. M.B.Gohil appears and states that he has received instructions to appear on behalf of the Original Complainant and he would be filing his Vakalatnama during the course of the day.
2.1 Registry to accept the Vakalatnama of learned Advocate Mr. Gohil and place the same on record.
3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. Gohil waives service of notice of Rule on behalf of the Original Complainant.
4. Learned Advocate for the Applicant has submitted that the Applicant has Page 1 of 5 Uploaded by J.N. WAGHELA(HC00178) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:39:47 IST 2025 NEUTRAL CITATION R/CR.MA/23487/2025 ORDER DATED: 21/11/2025 undefined good reputation in the society and 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. Per contra, learned APP has opposed the present application for grant of regular bail contending that during the course of investigation, the passport belonging to the complainant as well as the other victims were found from the place of the Applicant. Moreover, various rubber stamps and fake visas were also recovered from the place of the Applicant. Thus, the Applicant had played an active role in commission of the offence in question. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicant and the Application may be dismissed.
6. Learned Advocate appearing on behalf of the Original Complainant has submitted that the present Applicant is involved in the offence from the very inception. The Applicant had gone with the co-accused for collecting the money from Angadia Pedhi. Thereafter, the Applicant had forged the Visas of some of the first informant and thus an amount of Rs.45 Lakhs had been recovered from the first informant in cash as well as through Angadia Pedhi. He further submitted that if the Applicant is ordered to be enlarged on bail, there is no likelihood that the amount of Rs.45 Lakhs which had been given to the Applicant would be repaid. It is therefore prayed to dismiss the Application. In the alternative, he submitted that if the Application of the Applicant is considered for grant of bail he may be asked to deposit some money.
7. Heard learned Advocates for the parties and perused the record. The investigation is over and charge sheet is filed. It is the case of the prosecution Page 2 of 5 Uploaded by J.N. WAGHELA(HC00178) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:39:47 IST 2025 NEUTRAL CITATION R/CR.MA/23487/2025 ORDER DATED: 21/11/2025 undefined that the first informant had paid an amount of Rs.45 Lakhs to the Applicant as well as the other co-accused for Visa to his son for the USA. The Applicant is alleged to have prepared the forged Visa in the name of his son and the first informant and had collected an amount of Rs.45 Lakhs from the Angadia Pedhi. Considering these aspects, the Application deserves consideration. This court has also considered the following aspects:
(a) As per catena of decisions of Hon'ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.
(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.
(c) That the Applicant is in custody since 21.07.2025.
(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.
8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he shall:
(a) not directly or indirectly make any inducement, threat or promise to any Page 3 of 5 Uploaded by J.N. WAGHELA(HC00178) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:39:47 IST 2025 NEUTRAL CITATION R/CR.MA/23487/2025 ORDER DATED: 21/11/2025 undefined person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change the residence without prior permission of the trial Court.
(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11:00 a.m. and 2.00 pm.
(f) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(g) not leave India without prior permission of the Trial Court
(h) surrender passport, if any, to the Trial Court within a week. If the Applicant does not possess passport, shall file an Affidavit to that effect.
9. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the solvency certificate if prayed for.
10. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicant forthwith only if the Applicant is not required in connection with any other offence for the time being.
11. At the trial, the concerned trial Court shall not be influenced by the Page 4 of 5 Uploaded by J.N. WAGHELA(HC00178) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:39:47 IST 2025 NEUTRAL CITATION R/CR.MA/23487/2025 ORDER DATED: 21/11/2025 undefined prima facie observations made by this Court in the present order.
12. Rule is made absolute. Direct service permitted.
(M. R. MENGDEY,J) J.N.W / 21 Page 5 of 5 Uploaded by J.N. WAGHELA(HC00178) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 21:39:47 IST 2025