VINITBHAI BABUBHAI PATELversusSTATE OF GUJARAT

     R/CR.MA/4617/2026                               ORDER DATED: 10/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 4617 of 2026

==========================================================
                         VINITBHAI BABUBHAIO PATEL & ANR.
                                       Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR DARSHIT H RAVAL(11887) for the Applicant(s) No. 1,2
MR YUNUS U MALEK(5343) for the Applicant(s) No. 1,2
KURVEN K DESAI(7786) for the Respondent(s) No. 1
MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                 Date : 10/03/2026

                                   ORAL ORDER


1.     Heard learned advocate Mr.C.B.Upadhyay with learned

advocate Mr.Darshit Raval appearing on behalf of the

applicant, learned Additional Public Prosecutor Mr.Hardik

Mehta appearing on behalf of the respondent-State and

learned Senior Advocate Mr.Gautam Joshi with learned

advocate Mr.Kurven Desai appearing on behalf of the original

complainant.


2.     Rule. Learned APP waives service of rule on behalf of

the respondent-State.


3.     The applicants have -led this application under Section



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     R/CR.MA/4617/2026                                ORDER DATED: 10/03/2026




483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for

enlarging the applicants on Regular Bail in connection with

FIR being C.R. No. 11215037260093/2026 registered with

Vidhyanagar Police Station, Anand for the o:ence punishable

under Sections 4(3), 5(c) of the Gujarat Land Grabbing

(Prohibition) Act.


4.     Learned advocate for the applicants would submit that

considering the role attributed to the applicants, and nature

of the allegation levelled, the applicants may be enlarged on

regular bail. It is further submitted that no useful purpose

would be served by keeping the applicants in jail for inde-nite

period. It is further contended that the applicants are 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 o:ence 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.


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      R/CR.MA/4617/2026                       ORDER DATED: 10/03/2026




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 applicant and his

     wife who had been granted interim bail by this Court vide

     order dated 03.03.2026 had grabbed the property in

     question i.e. residential apartment.

     ii. The submission made on behalf of the applicants that as

     such, the property belonged to a Trust and whereas, the

     present applicant and his wife were the bene-ciaries of the

     Trust more particularly rendering services at the premises

     of Ashram which was run by the Trust and whereas, the

     applicants were having been given the property to reside in

     by the erstwhile head of the Ashram.

     iii. The submission that as of now, upon demise of the head

     of the Ashram, there being internal disputes between the

     Trustees, which has resulted in the FIR being -led more

     particularly the present applicants supporting one group.

     iv. As of now, the submission that upon demise of the

     original founder of the Trust, the Trustees not being clear

     and whereas, the appointment of the Trustees who have


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     R/CR.MA/4617/2026                                 ORDER DATED: 10/03/2026




     initiated the proceedings against the applicants, being

     subject matter of challenge before the learned Charity

     Commissioner.

     v. The submission made by learned advocate Mr.Upadhyay,

     under instruction, that while the applicants have legal right

     to remain in possession of the property in question, yet, the

     applicants,         without   prejudice      to   their     rights      and

     contentions, vacating the property within a period of six

     weeks from the date of release of the applicant no.1 and

     the applicants -ling appropriate undertaking to such e:ect

     within a period of ten days of release before the learned

     Trial Court.

       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


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      R/CR.MA/4617/2026                       ORDER DATED: 10/03/2026




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. 11215037260093/2026 registered with

Vidhyanagar Police Station, Anand, on -ling an undertaking

by the applicants within a period of ten days from the date of

release as regards vacating the property in question within a

period of six weeks from the date of release and whereas the

same would be without prejudice to the rights and contentions

available to the present applicants and on executing a bond of

Rs.25,000/- (Rupees Twenty Five Thousand only) by applicant

no.1 with one surety of the like amount to the 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] furnish the proposed address of residence to the I.O. and


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      R/CR.MA/4617/2026                        ORDER DATED: 10/03/2026




     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] applicant no.1 to mark presence once a month for a

     period of three months before the concerned police station.


9.      Applicant no.2 shall be released on regular bail on the

terms and conditions as mentioned in order dated 03.03.2026.

there will be no requirement for furnishing fresh bail bond by

applicant no.2.


10.     The Authorities will release the applicant only if they are

not required in connection with any other o:ence 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




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         R/CR.MA/4617/2026                                                        ORDER DATED: 10/03/2026




   inGuenced 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)
   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 11/03/2026 11:48:14




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