SUDHIRSINH NILESHBHAI MAKWANAversusSTATE OF GUJARAT

    R/CR.MA/11839/2026                                ORDER DATED: 03/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 11839 of 2026
==========================================================
                         SUDHIRSINH NILESHBHAI MAKWANA
                                      Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 03/07/2026

                                    ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with FIR being C.R. No. 11209017260042 of 2026 registered
with Himmatnagar Rural Police Station, Sabarkantha, for the offences
under Sections 316(5) and 61(2) of the BNS and Section 3 of the Gujarat
Protection Interest of Depositors (In Financial Establishment) Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Investigation is over and chargesheet has been filed. Nothing is required to
be recovered or discovered. The applicant has no past antecedent.
Allegation against the applicant is that, he was working with A.P.
Consultancy started by accused No.1 and accused No.1 and complainant
were known to each other and therefore, the complainant has visited the
firm of accused No.1 and introduced the applicant as an office staff. The
complainant has made investment in the firm of accused No.1 and received
interest, but after some time, the same was stopped from accused No.1. In
this regard, FIR came to be lodged. The applicant was only serving in the
said firm and getting salary. He therefore submits that, considering the



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   R/CR.MA/11839/2026                                   ORDER DATED: 03/07/2026




nature of the offence, the applicant may be enlarged on regular bail by
imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed
the present application and requested to dismiss the present application for
regular bail on the ground that the applicant is very much involved in the
present offence and considering the gravity of offence, no case is made out
to entertain present bail application. Therefore, present application does
not deserve consideration.

[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged offence, the jurisdiction to grant bail has to be
exercised on the basis of the well settled principles having regard to the
facts and circumstances of each case and the following factors are to be
taken into consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the nature of
the materials relied upon by the prosecution; (ii) reasonable apprehension
of tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of the
accused at the time of trial or the likelihood of his abscondence; (iv)
character behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the public or the
State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following aspects
have been considered:

      (1)     Investigation is over and charge-sheet is filed;
      (2)     Applicant is behind the bar since 22.01.2026;
      (3)     There is nothing to be recovered or discovered from the
              applicant;
      (4)     Offence is triable by JMFC Court;



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    R/CR.MA/11839/2026                                      ORDER DATED: 03/07/2026




         (5)      No past antecedent ;.
         (6)      Obviously commencement and conclusion of trial will take
                  its own time.
         (7)      The role attributed to the applicant is that he was only working
                  in the firm of accused No.1, except this, no role is played by the
                  accused. The applicant neither received money nor his direct
                  involvement is there. Considered his limited role as office part
                  of accused No.1.
[7.0] This Court has also taken into consideration the law laid down by the
Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of
Investigation reported in [2012]1 SCC 40 as well as in the case of
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of
Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of
trial will take time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is exception” as
well as the concept of personal liberty guaranteed under Article 21 of the
Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the FIR, 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.
Hence, the present application is allowed. The applicant is ordered to be
released on regular bail in connection with FIR being C.R. No.
11209017260042 of 2026 registered with Himmatnagar Rural Police
Station, Sabarkantha, on executing a personal 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/she shall;
   (a)         not take undue advantage of liberty or misuse liberty;
   (b)         not act in a manner injurious to the interest of the prosecution &
               shall not obstruct or hamper the police investigation and shall not



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     R/CR.MA/11839/2026                                                       ORDER DATED: 03/07/2026




             to play mischief with the evidence collected or yet to be collected
             by the police;
    (c)      surrender passport, if any, to the Trial Court within a week;
    (d)      not leave the State of Gujarat without prior permission of the Trial
             Court concerned;
    (e)      mark presence before the concerned Police Station once in every
             month for a period of six months between 11.00 a.m. and 2.00
             p.m.;
    (f)      furnish the Aadhaar card, email ID/present address of his
             residence to the Investigating Officer and also to the Court at the
             time of execution of the bond and shall not change the residence/
             contact number without prior permission of Trial Court;
    (g)      not to indulge in any illegal activity failing which learned trial
             Court shall issue warrant and cancel the bail of the applicant.
[9.0] 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
issue warrant or take appropriate action in the matter.

[10.0] 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.

[11.0] At the trial, the trial Court shall not be influenced by the observations
of preliminary nature qua the evidence at this stage made by this Court
while enlarging the applicant on bail.

[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted.


                                                                        (HASMUKH D. SUTHAR,J)

SUCHIT

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 03/07/2026 17:42:15


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