SANTOSH ALLURI VERMA SATYANARAYAN RAJUversusSTATE OF GUJARAT

     R/CR.MA/1560/2026                               ORDER DATED: 06/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 1560 of 2026

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              SANTOSH ALLURI VERMA SARYANARAYAN RAJU
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
MS DIVYANGNA JHALA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 06/02/2026

                             ORAL ORDER


1.     Heard learned advocate Mr.Pravin Gondaliya appearing

on behalf of the applicant and learned Additional Public

Prosecutor Ms.Divyangna Jhala 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 %led 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. I-69/2019 registered with Deesa Rural Police

Station,      Banaskantha   for     the     o4ence   punishable         under



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Sections 406, 420, 120(B), 409 of the IPC.


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 %led no useful purpose would be served by keeping

the applicant in jail for inde%nite 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.

4.1. Learned advocate Mr.Gondaliya would submit that the

applicant is ready and willing to deposit the entire amount i.e.

Rs.15,00,000/- with the learned Trial Court to show his bona

%des and request is also made that the applicant may also be

permitted to remain outside the State of Gujarat till the trial

commences.


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 o4ence and the

role attributed to the present applicant as coming out from


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      R/CR.MA/1560/2026                       ORDER DATED: 06/02/2026




the charge-sheet, 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 allegation in the FIR being that the complainant had

     sought for franchise of the outlet run by the company of the

     present applicant and having deposited an amount of

     Rs.15,00,000/-, the complainant having requested for not

     proceeding further with his request, the applicant not

     having returned back the money.

     ii. The fact of the monies having been paid in the year 2017

     whereas, the FIR having been %led in the year 2019.

     iii. While it would appear that the FIR is %led in the year

     2019 and the applicant is arrested recently, yet, prima

     facie, it would appear that the applicant may not be

     absconding only on account of the present FIR.

     iv. The fact of the present applicant prima facie appearing

     to be running a private limited company and whereas,

     there are two antecedents against the present applicant,




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     both being of the year 2019.

     v. The submission that the applicant would deposit the

     entire amount i.e. Rs.15,00,000/- with the learned Trial

     Court to show his bona %des.

       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 %t 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.

registered as C.R. No. I-69/2019 registered with Deesa Rural

Police      Station,     Banaskantha,       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 on %ling

an undertaking that the applicant will deposit an amount of


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     R/CR.MA/1560/2026                                       ORDER DATED: 06/02/2026




Rs.15,00,000 (Rupees Fifteen Lakhs Only) before the Trial

Court concerned within a period of one month from the date

of his release 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;

     [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] to remain present as and when required by the learned

     Trial Court.

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 %xed deposit, and whereas, the learned Trial Court

shall    decide          appropriately   as        regards     apportionment           /


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disbursement of the said amount, at the time of the %nal

outcome of the trial.

9.2. Upon the entire amount being deposited, the passport of

the applicant shall be released and the present applicant, as

and when, if seeks to travel abroad, shall intimate to the

learned Trial Court and the Investigating O4icer with

appropriate itinerary and shall strictly abide by the same.


10.     The Authorities will release the applicant only if he is not

required in connection with any other o4ence 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

inFuenced 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


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        R/CR.MA/1560/2026                                                        ORDER DATED: 06/02/2026




  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


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 07/02/2026 13:07:47




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