High Court of Gujarat
KHETABHAI KHODABHAI BHARWADversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
On a prima facie basis and considering the accused's limited role and clean antecedents, the court held that regular bail may be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The accused Khetabhai Khodabhai Bharwad applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a charge‑sheet was filed for alleged forgery and related offences (IPC §§ 465, 467, 471, 120B, 114). The prosecution opposed bail, arguing the seriousness of the offences and the accused's role. The court examined the FIR, charge‑sheet, the limited role of the accused (identifying a purported seller who turned out to be an impostor), the documentary nature of evidence, and the absence of any prior criminal record. Relying on the Supreme Court’s decision in Sanjay Chandra v. CBI, the court found a prima facie case for bail and exercised its discretion to grant regular bail with a bond and several conditions. The order directed the release of the accused subject to compliance with the stipulated conditions.
Issues considered
- Whether regular bail can be granted after filing of a charge‑sheet under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under IPC §§ 465, 467, 471, 120B, 114.
- Whether the nature of the alleged offences and the role of the accused preclude the exercise of bail discretion.
- Whether a prima facie case exists that justifies the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 114, 120B, 465, 467, 471
Subjects
- regular bail
- charge‑sheet
- forgery
- IPC
- Bharatiya Nagarik Suraksha Sanhita
- prima facie
- bail conditions
- criminal procedure
Judgment
R/CR.MA/1889/2026 ORDER DATED: 23/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 1889 of 2026
========================================================
KHETABHAI KHODABHAI BHARWAD
Versus
STATE OF GUJARAT
========================================================
Appearance:
ROHANKUMAR M AMIN(8851) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/01/2026
ORAL ORDER
1. Heard learned Advocate Mr. Rohankumar M. Amin on behalf of the
applicants and learned Additional Public Prosecutor Mr. Trupesh Kathiriya
on behalf of respondent- State.
2. Rule. Learned APP and learned Advocate waive service of rule on
behalf of the respective respondents.
3. The present applicants who have been arraigned as an accused have
preferred this application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for enlarging the applicants on Regular Bail in
connection with FIR being FIR No. 11192035250321 of 2025 registered
with Mandal Police Station, Ahmedabad Rural for the offences
punishable under Sections 465, 467, 471, 120B, 114 of the Indian Penal
Code after filing of the charge-sheet.
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R/CR.MA/1889/2026 ORDER DATED: 23/01/2026
4. Learned Advocate on behalf of the applicants would submit that
considering the role attributed to the applicants, and nature of the allegation
levelled against, the applicants 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 applicants in jail for indefinite period. It is further
submitted that applicants are ready and willing to abide by all the conditions
that may be imposed by this Court if released on bail.
5. The present application is vehemently objected to by learned APP on
behalf of respondent- State by submitting that looking to the nature of
offence and the role attributed to the present applicants, this Court may not
exercise the discretion in favour of the applicants and the application may
be dismissed.
6. This Court has heard learned Advocates for the respective parties and
perused the FIR including charge-sheet as well as order passed by learned
Session Court as well as affidavit filed by the investigating officer before the
learned Trial Court.
7. This Court has also considered the following aspects:
(i) While the allegation in the FIR being of prepared forged
documents for selling of valuable property and whereas the
role attributed to the present applicants being of having
identified the seller, of the property in question, and whereas it
would appear that the person who was identified was a person
impersonating the seller and not the seller himself.
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R/CR.MA/1889/2026 ORDER DATED: 23/01/2026
(ii) It would appear that beyond the same no further role is
attributed to the present applicants.
(iii) This Court has also taken into consideration that all the
evidences, in the offence, are documentary and whereas the
applicants have been arrested on 09.10.2025 and the
investigating officer having charge-sheet before the learned
Trial Court on 03.01.2026.
(iv) This Court has noticed that the applicants do not have
any antecedents.
8. 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.
9. In the facts and circumstances of the case and considering the nature
of the allegations made against the applicants 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
applicants on regular bail.
10. Hence, the present application is allowed. The applicants are
ordered to be released on bail in connection with FIR being FIR No.
11192035250321 of 2025 registered with Mandal Police Station,
Ahmedabad Rural on executing a bond of Rs. 25,000/- ( Rupees
Twenty Five Thousand ) each with one surety of the like amount to the
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R/CR.MA/1889/2026 ORDER DATED: 23/01/2026
satisfaction of the trial Court and subject to the conditions that they 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;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] Mark presence in the concerned Police Station once in a
month for a period of six months.
[f] 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 residential address without prior intimation to the I.O.
11. The Authorities will release the applicants only if they are 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 take appropriate action in the matter.
12. 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.
13. At the stage of trial, the trial court shall not be influenced by any
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R/CR.MA/1889/2026 ORDER DATED: 23/01/2026
observations of this Court which are of preliminary nature made at this
stage, only for the purpose of considering the application of the applicants
for being released on regular bail.
14. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
NIRU
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NIRU ROSHAN SHAH(HC00211), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/01/2026 12:59:39
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