Gujarat High Court
Dharmendra Saryu Prasad Yadav vs State Of Gujarat on 17 March, 2026
NEUTRAL CITATION
R/CR.MA/6374/2026 ORDER DATED: 17/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 6374 of 2026
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DHARMENDRA SARYU PRASAD YADAV
Versus
STATE OF GUJARAT
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Appearance:
MR. APURVA N MEHTA(7202) for the Applicant(s) No. 1
MR.KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Apurva Mehta appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Krutik Parikh 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. 11194019260003 of 2026 registered with ACB Police Station, Rajkot City, for the offence punishable under Section 7(a) 13(2) of the Prevention of Corruption Act, 1988.
4. Learned advocate for the applicant would submit Page 1 of 5 Uploaded by ANKIT SHAH(HC01063) on Tue Mar 17 2026 Downloaded on : Tue Mar 17 23:46:50 IST 2026 NEUTRAL CITATION R/CR.MA/6374/2026 ORDER DATED: 17/03/2026 undefined 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 Investigating Agency will take time to file the charge-sheet, no useful purpose would be served by keeping the applicant in jail for indefinite period. Also, no further recovery or discovery is to be effected from the applicant. 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, the investigation being underway and the charge-sheet is yet to be filed, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed.
6. 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 Rajkot, hence would be available at the time of trial;Page 2 of 5 Uploaded by ANKIT SHAH(HC01063) on Tue Mar 17 2026 Downloaded on : Tue Mar 17 23:46:50 IST 2026
NEUTRAL CITATION R/CR.MA/6374/2026 ORDER DATED: 17/03/2026 undefined ii. The applicant does not have any criminal antecedents.
iii. The bribe amount has been recovered from the applicant.
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 FIR being C.R. No. 11194019260003 of 2026 registered with ACB Police Station, Rajkot City, 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;
Page 3 of 5 Uploaded by ANKIT SHAH(HC01063) on Tue Mar 17 2026 Downloaded on : Tue Mar 17 23:46:50 IST 2026NEUTRAL CITATION R/CR.MA/6374/2026 ORDER DATED: 17/03/2026 undefined [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 his passport, if any, to the trial court within a week and if he does not have 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 his present address of residence to the I.O. and the Court at the time of execution of the bond and shall not change his residence without prior intimation to the IO and the Court;
[f] mark his presence once in a week for a period of six months before the concerned police station;
[g] shall cooperate with the investigating Officer and shall remain present before the FSL for voice spectrography test, as and when required by the Investigating Officer;
[h] shall immediately handover all his mobile phones along with all sim cards to the Investigating Officer, on the very day he is released from the jail and also file an affidavit as regards numbers of mobile phones and sim cards, he possesses.
[i] not indulge in similar kind of offence hereinafter, for Page 4 of 5 Uploaded by ANKIT SHAH(HC01063) on Tue Mar 17 2026 Downloaded on : Tue Mar 17 23:46:50 IST 2026 NEUTRAL CITATION R/CR.MA/6374/2026 ORDER DATED: 17/03/2026 undefined which, he shall file an affidavit before the concerned court and the 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 at liberty to take appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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.
11. At the stage of trial, the competent 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.
(UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH Page 5 of 5 Uploaded by ANKIT SHAH(HC01063) on Tue Mar 17 2026 Downloaded on : Tue Mar 17 23:46:50 IST 2026