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High Court of Gujarat

DILIPKUMAR AMRUTLAL OZAversusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court granted regular bail to the applicant, finding the case fit for exercise of discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a charge‑sheet was filed for alleged offences of cheating, criminal breach of trust, forgery and related IPC sections. The allegations involved defrauding victims by promising visas and taking money. The applicant, a partner in the firm, argued that his role was similar to a co‑accused who had already been granted bail, invoking the principle of parity. The State opposed bail, contending the seriousness of the offences warranted continued detention. Relying on the Supreme Court’s decision in Sanjay Chandra v. CBI and the earlier bail order for the co‑accused, the court held that bail was appropriate and ordered the applicant released on a bond with conditions.

Issues considered

  • Whether regular bail can be granted after the filing of a charge‑sheet for offences under Sections 406, 420, 465, 468, 471 and 114 IPC.
  • Whether the applicant is entitled to the benefit of parity with a co‑accused who was previously released on bail.
  • Whether the nature of the alleged visa‑fraud offences justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • charge-sheet
  • IPC offences
  • parity principle
  • Bharatiya Nagarik Suraksha Sanhita
  • Sanjay Chandra v. CBI
  • visa fraud
  • bail jurisprudence

Judgment

     R/CR.MA/7866/2026                                   ORDER DATED: 08/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 7866 of 2026

==========================================================
                         DILIPKUMAR AMRUTLALA OZA
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
GOVINDBHAI L TANK(7977) for the Applicant(s) No. 1
JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 08/04/2026

                                ORAL ORDER


1.     Heard learned          advocate        Mr.J.L.Chan      appearing           on

behalf      of    the    applicant    and      learned   Additional         Public

Prosecutor Mr.Hardik Mehta 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. 11216008250119/2025 registered with Sector-

7 Police Station, Gandhinagar for the offence punishable


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     R/CR.MA/7866/2026                                ORDER DATED: 08/04/2026




under Sections 406, 420, 465, 468, 471, 114 of the IPC.


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 as coming out from

the charge-sheet, this Court may not exercise the 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:-



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   R/CR.MA/7866/2026                        ORDER DATED: 08/04/2026




  i. The allegation being that the accused had defrauded the

  complainant and other persons by promising them visa of

  various countries and taking substantial amounts from

  them and neither providing the visa as promised nor

  returning back the money in question.

  ii. The present applicant appears to be a partner in the firm

  in question whereas the other partner being one Jaimin

  Patel.

  iii. It also appears that vide order dated 31.07.2025, a

  learned Coordinate Bench of this Court in Criminal Misc.

  Application No.15236/2025 has enlarged the said co-

  accused.

  iv. Considering the fact that the role attributed to the

  present applicant and the role attributed to the co-accused

  appears to be substantially similar, more particularly as

  noticed, both of them being partners in the firm and the co-

  accused having been granted regular bail by learned

  Coordinate Bench, the present applicant would be entitled

  to the benefit of parity.


     This Court has taken into consideration the law laid

down by the Hon’ble Apex Court in the case of Sanjay



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     R/CR.MA/7866/2026                             ORDER DATED: 08/04/2026




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. 11216008250119/2025 registered with

Sector-7 Police Station, Gandhinagar, on executing a 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;

     [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;




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      R/CR.MA/7866/2026                         ORDER DATED: 08/04/2026




     [d] not leave the State of Gujarat without prior permission

     of the Sessions Court concerned;

     [e] 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 residence without prior intimation to

     the I.O.;

     [f] mark presence once a month for a period of six months

     before the concerned 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. If breach of any of the above conditions is committed,

the Sessions Court concerned will be free to take appropriate

action in the matter.


10.     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.


11.     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


                               Page 5 of 6
         R/CR.MA/7866/2026                                                        ORDER DATED: 08/04/2026




  considering the application of the applicant for being released

  on regular bail.


  12.       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 08/04/2026 17:38:31




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