High Court of Gujarat
DILIPKUMAR AMRUTLAL OZAversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 114, 406, 420, 465, 468, 471
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
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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
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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
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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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