ASHISHBHAI ASHOKBHAI DHADIYA @ GHADIYAversusSTATE OF GUJARAT

     R/CR.MA/26809/2025                              ORDER DATED: 30/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 26809 of 2025

==========================================================
                          ASHISHBHAI ASHOKBHAI DHADIYA
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                                 Date : 30/04/2026

                                  ORAL ORDER


1.      Leave to Amend. Heard learned advocate appearing on

behalf of the applicant and learned Additional Public Prosecutor

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.

11210047250893 of 2025 registered with Udhna Police Station,

Surat for the offence punishable under Sections 318(4), 336(2),

336(3), 338, 340(2), 61(2), 3(5) of the BNS, 2023 and Section 66(D)



                                     Page 1 of 6
     R/CR.MA/26809/2025                        ORDER DATED: 30/04/2026




of the IT Act.

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 filed,

further incarceration of the applicant will not benefit the

Investigation Officer in any manner. 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 as coming out from the charge-sheet, this Court may

not exercise 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 Surat and Amreli


                              Page 2 of 6
R/CR.MA/26809/2025                           ORDER DATED: 30/04/2026




   districts, hence would be available at the time of trial;

ii. The applicant does not have any criminal antecedents;

iii. The investigation has been over and charge-sheet has been

   filed;

iv. Allegations against the applicant being of opening 11

   current accounts upon instructions from one of the main

   accused, and whereas, the present applicant appears to be

   the Relationship Manager in the Vesu Branch of RBL Bank;

v. The applicant having received commission from main

   accused Kirat Jadwani, for opening such 11 current

   accounts in the Vesu Branch of RBL Bank at Surat;

vi. The other co-accused namely, Naresh Mansukhbhai Manini,

   Kalpesh Kantibhai Katheriya and Anil Pravinbhai Jani who

   have been granted bails by the Co-ordinate Benches vide

   orders passed in Cr.M.A Nos. 2007 of 2026 dated

   30.04.2026, 21438 of 2025 dated 16.10.2025 and 26443 of

   2025 dated 02.02.2026 respectively, are all Relationship

   Managers of RBL Bank with Varachha, Sahara and Varachha

   branches, respectively and the applicant also a Relationship

   Manager of the said bank of Vesu Branch, their roles are

                            Page 3 of 6
     R/CR.MA/26809/2025                         ORDER DATED: 30/04/2026




        identical;




        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 F.I.R. registered

as C.R. No. 11210047250893 of 2025 registered with Udhna

Police Station, Surat, on executing a bail 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;

     [a] not take undue advantage of liberty or misuse liberty;




                               Page 4 of 6
     R/CR.MA/26809/2025                          ORDER DATED: 30/04/2026




     [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 possess a passport, he shall file an

     affidavit to that effect;

     [d] not leave the geographical limits of District Surat and

     Amreli without prior permission of the Court concerned;

     [e] furnish the present address of his residence to the I.O. and

     to the Court at the time of execution of the bond and shall not

     change his residence without prior intimation to the I.O. and

     the court;

     [f] mark presence on every Sunday before the concerned

     police station, till the trial is over;

     [g] not indulge in similar kind of offence hereinafter, for

     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.



                                   Page 5 of 6
      R/CR.MA/26809/2025                                                   ORDER DATED: 30/04/2026




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 trial 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

enlarging the applicant 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)
ANIRUDH OJHA


       Original copy of this order has been signed by the Hon'ble Judge.
       Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/05/2026 15:05:34




                                               Page 6 of 6