Gujarat High Court
Thakor Minalben @ Binalben @ Baki ... vs State Of Gujarat on 11 September, 2025
NEUTRAL CITATION
R/CR.MA/18640/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 18640 of 2025
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THAKOR MINALBEN @ BINALBEN @ BAKI RAMANJI W/O THAKOR
JAGDISHKUMAR BHUPATJI
Versus
STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MS DIVYANGNA P JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 11/09/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.
2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11206073240528 of 2024 registered with Vadnagar Police Station, District Mahesana.
3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing for the respondent State has Page 1 of 5 Uploaded by NABILA A. VHORA(HC00630) on Thu Sep 11 2025 Downloaded on : Fri Sep 12 00:39:01 IST 2025 NEUTRAL CITATION R/CR.MA/18640/2025 ORDER DATED: 11/09/2025 undefined vehemently submitted that the applicant herein had made telephone calls to the first informant victim by changing her voice to male voice with the help of technology and thereafter, he was asked to invest his money int eh stock market. Accordingly, the first informant had transferred the amount of Rs.90 Lakhs to the present applicant through angadia padhi. The sim cars which were procured in the dummy name were used in commission of offence. The call data of these sim cards indicate that telephone calls were made using those sim cards. The applicant is the main accused in the present offence. Learned APP has, therefore, submitted that the offence is serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.
5. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. As per the case of prosecution, the applicant had allegedly made telephone calls to the victims by changing her voice to male voice and the first informant was asked to invest his money in the stock market as per advice given by the present applicant. The first informant had thereafter transferred the amount of Rs.90 Lakhs in cash through angadia padhi and the said amount had been withdrawn by angadia padhi by the present applicant with the help of other co-accused. The other co-accused who have withdrawn the said amount from the angadia padhi have Page 2 of 5 Uploaded by NABILA A. VHORA(HC00630) on Thu Sep 11 2025 Downloaded on : Fri Sep 12 00:39:01 IST 2025 NEUTRAL CITATION R/CR.MA/18640/2025 ORDER DATED: 11/09/2025 undefined been considered for grant of bail. Having regard to the same, the present application deserves to be allowed.
6. 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.
(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.
7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;
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(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) shall maintain law and order and not to indulge in any criminal activities.
(c) shall 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 residence without prior permission of the trial Court.
(d) shall 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) shall file an affidavit stating immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) shall not leave India without prior permission of the Trial Court
(g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect.
(h) shall 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 p.m. Page 4 of 5 Uploaded by NABILA A. VHORA(HC00630) on Thu Sep 11 2025 Downloaded on : Fri Sep 12 00:39:01 IST 2025 NEUTRAL CITATION R/CR.MA/18640/2025 ORDER DATED: 11/09/2025 undefined
8. The authorities concerned shall 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 Judge concerned will be free to issue warrant or take appropriate action in the matter. 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.
9. At the trial, the concerned trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
10. Rule made absolute to the aforesaid extent. Direct service is permitted.
(M. R. MENGDEY,J) NABILA Page 5 of 5 Uploaded by NABILA A. VHORA(HC00630) on Thu Sep 11 2025 Downloaded on : Fri Sep 12 00:39:01 IST 2025