MANGILAL KALUBHAI PADHIYAR (VANZARA)versusSTATE OF GUJARAT

      R/CR.MA/4427/2026                            ORDER DATED: 23/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 4427 of 2026

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                   MANGILAL KALUBHAI PADHIYA (VANZARA)
                                  Versus
                            STATE OF GUJARAT
========================================================
Appearance:
K G VANZARA(7622) for the Applicant(s) No. 1
MR YATIN SONI(868) for the Applicant(s) No. 1
MR NIRAJ SHARMA ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 23/02/2026

                                ORAL ORDER


1.      Heard learned Advocate Mr. Yatin Soni on behalf of the applicant
and learned Additional Public Prosecutor Mr. Niraj Sharma for the
respondent-State.


2.      Rule. Learned APP waives service of rule on behalf of the
respondent-State.

3.      The present applicant who has been arraigned as an accused has
preferred 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. 5 of 2025 registered with ACB
Police Station, Surendranagar for the offence punishable under Sections
7(a) and 13(2) of the Prevention of Corruption Act, 1988 ( Amendment
2018) after filing of the charge-sheet.



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     R/CR.MA/4427/2026                                    ORDER DATED: 23/02/2026




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 no useful purpose would be served by keeping the
applicant in jail for indefinite 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.



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, this Court may not exercise the
discretion in favour of the applicant and the application may be dismissed.



6.     This Court has heard learned Advocates for the respective parties and
perused the FIR as well as order passed by learned Session Court as well as
affidavit filed by the investigating officer before the learned Trial Court.
Following aspects are considered :


                (i)      The offence under the provisions of Prevention of
                Corruption Act.
                (ii)     The allegation against the applicant was of being Police
                Constable/ Writer i.e government employee and having sought
                for illegal gratification and having been caught red handed
                while receiving the same.




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     R/CR.MA/4427/2026                                   ORDER DATED: 23/02/2026




                (iii)    The fact of the applicant being in custody since
                29.11.2025, and the charge-sheet having been laid by the
                Investigating officer.
                (iv)     The fact of the applicant being a government servant
                allaying any apprehension that the applicant would abscond
                from attending the trial;
                (v)      The fact of the applicant being suspended from service,
                allaying any apprehension that he would tamper or hamper
                with the investigation or influence the witnesses.


7.     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.


8.     In the facts and circumstances of the case and considering the nature
of the allegations made 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.



9.      Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with C.R. No. 5 of 2025 registered with
ACB Police Station, Surendranagar on executing a bond of Rs.50,000/-
(Rupees Fifty Thousand ) 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;
      [b]       not act in a manner injurious to the interest of the prosecution;



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       R/CR.MA/4427/2026                                                         ORDER DATED: 23/02/2026




         [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]         furnish the proposed residential address 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.
         [f]         Mark his presence in the concerned Police Station once in a
         month for a period of six months.


10.       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 Judge 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 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.


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)
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 24/02/2026 11:48:35

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