RANGATSINH JALAMSINH VAGHELAversusSTATE OF GUJARAT

     R/CR.MA/6409/2025                                CAV ORDER DATED: 19/01/2026




                                                  Reserved On   : 16/01/2026
                                                  Pronounced On : 19/01/2026

              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
                         6409 of 2025
                              In
           R/CRIMINAL MISC.APPLICATION/16452/2024

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                         RANGATSINH JALAMSINH VAGHELA
                                     Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
           DESAI

                                Date : 19/01/2026

                                  CAV ORDER


1.       Rule returnable forthwith. The applicant herein has

preferred the present application under Section 483(3) of

the BNSS, 2023 praying for cancellation of anticipatory

bail which was granted to the respondent no. 2 accused

by the coordinate bench of this court, vide order passed

in Criminal Misc. Application No. 16452 of 2024 on

22.08.2024, and consequently, to quash and set aside the

said order.


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2.       Heard learned advocate Mr. Pravin Gondaliya for the

applicant and learned APP Mr. Hardik Soni for the

respondent State.             The respondent no.2 accused was

initially served the notice. However, he had not remained

present, and as such, a fresh notice came to be issued by

this Court vide order dated 01.10.2025.                          However,

thereafter also, he did not remain present before the

court. On the day, when the matter came up for hearing

also, respondent no. 2 accused did not remain present

before the court.



3.       At the outset, the respondent no. 2 – Ganpatbhai

Dahyabhai Desai was granted anticipatory bail by the co-

ordinate bench of this court, vide order passed in

Criminal           Misc.   Application     No.   16452      of 2024          on

22.08.2024.              The co-ordinate bench in its order had

mentioned that, the applicant therein – respondent no. 2

herein, was ready and willing to deposit Rs. 15 lakhs out

of total misappropriated amount of Rs.29 lakhs, within a

period of six months pursuant to which, the court had



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     R/CR.MA/6409/2025                             CAV ORDER DATED: 19/01/2026




considered the said submission and had released the

respondent no. 2 herein on anticipatory bail by executing

a personal bond of Rs.10,000/- with one surety of like

amount, subject to conditions wherein condition no. (g)

reads as below:


                  “(g) shall :le an undertaking before the
                  concerned court that at the time of executing
                  the bond, the applicant shall deposit sum of
                  Rs.15,00,000/- within a period of 6 months from
                  the date of receipt of present order.”


4.       As submitted by learned advocate Mr. Gondaliya, the

respondent no. 2 herein had not complied with the said

condition, and had thereby committed breach of the

same. A report was sought by this court from the learned

Sessions Judge of Banaskantha at Deesa as to whether

the respondent no. 2 had complied with the said condition

(g) or not, to which, a communication from the learned

Sessions Judge of Banaskantha at Deesa was received by

this court.              It is mentioned that, the respondent no. 2

accused had neither deposited the amount of Rs.15 lakhs

nor had given an undertaking as regards the same. The



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learned Sessions Judge had also sought report from the

concerned police station, however, the respondent no. 2

accused had not given any undertaking for payment of

Rs.15 lakhs before the concerned Investigating O>icer

also.



5.       Thus, considering the fact that, the FIR in question

which was lodged by the applicant herein against the

respondent               no.   2   accused         mentioned       about        the

respondent no. 2 accused having misappropriated the

amount of Rs.29,28,991.73 in the capacity of Secretary of

the Dhanpur Doodh Utpadak Sahkari Mandali Ltd., upon

his own submission and willingness to deposit Rs. 15

lakhs out of the said amount, the co-ordinate bench of

this court had considered his request, and had enlarged

him on anticipatory bail.                      However, thereafter, as

discussed earlier, the respondent no. 2 accused having

committed breach of the bail condition and also not

having remained present before this court inspite of

notices having been served twice, this appears to be a :t



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     R/CR.MA/6409/2025                                                           CAV ORDER DATED: 19/01/2026




case to cancel his anticipatory bail, which was granted by

virtue of order passed in Criminal Misc. Application No.

16452 of 2024 on 22.08.2024.



6.        In the event, the present application is allowed. The

anticipatory bail granted to the respondent no. 2 accused

by this court vide order passed in Criminal Misc.

Application No. 16452 of 2024 on 22.08.2024 is hereby

cancelled.                Consequently, the Investigating O>icer of

Deesa (Rural) at Banaskantha who had investigated the

o>ence registered vide FIR No.11195019240606, is

directed to arrest the accused in accordance with law.

Rule is made absolute accordingly.




                                                             (UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT PRADIPKUMAR SHAH(HC01063), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 19/01/2026 17:15:16




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