PAURAVBHAI RAMESHCHANDRA PATELversusSTATE OF GUJARAT

   R/CR.MA/13899/2026                                      ORDER DATED: 07/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 13899 of 2026
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                   PAURAVBHAI RAMESHCHANDRA PATEL
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 07/07/2026

                                   ORDER

[1.0] Learned advocate Mr. Harshit Purohit states that he has
instruction to appear for original complainant and seeks to file his
appearance.       Permission, as sought for, is granted.               Registry to
accept his vakalatnama.


[2.0] RULE.        Learned   APP    waives       service     of    rule    for       the
respondent-State.        Learned        advocate    appearing        for    original
complainant waives service of rule on his behalf.


[3.0] 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.11192011260139              of    2026      registered       with      Bopal
Police Station, Ahmedabad (Rural), for the offences under
Sections 316(2), 316(5), 61(2), 3(5) of BNS, 2023 and Section 3 of
the Gujarat Protection of Interest of Depositors (In Financial
Establishments) Act.


[4.0] Learned advocate appearing on behalf of the applicant


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   R/CR.MA/13899/2026                               ORDER DATED: 07/07/2026




submits that the applicant is innocent and has been falsely
implicated in the offence. Investigation is over and charge-sheet
has been filed. Nothing is required to be recovered or discovered.
He therefore submits that, considering the nature of the offence,
the applicant may be enlarged on regular bail by imposing suitable
conditions.


[5.0] 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.        If the applicant is released on bail,
possibility cannot be ruled out that the applicant will flee from
justice.    Therefore,    present     application   does     not     deserve
consideration.


[6.0] 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



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     R/CR.MA/13899/2026                              ORDER DATED: 07/07/2026




required to be considered.


[7.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. It is the
case of the prosecution that accused nos.2 and 3 launched flat
scheme namely ‘Akshar Anant’ and received bookings from
customers, herein witnesses.         As they failed to execute further
work of the said scheme, they received finance from one Keshav
Narayan Group. Considering failure in the project, entire scheme
and project came to be transferred.               Without consideration,
documents came to be executed in favour of accused nos.4, 5 and
6.   Present applicant is accused no.4.         Present applicant has not
entered into any sale proceedings of the said flats.                 Further,
learned advocate for the original complainant has fairly submitted
that accused nos.2, 3, 5 and 6 are on run and having past
antecedents and if they are released, possibility cannot be ruled out
tempering with the evidence and settlement proceedings are going
on between the parties and victims which may hamper due to
release of present applicant. Against the same, learned advocate
for the applicant, upon instructions, has submitted that the
applicant is ready and willing to reverse or relinquish his share or
transaction in favour of the complainant or any other victim or the
person as directed by the complainant and he is ready and willing
to put his signature in MOU/settlement proceedings and in this
regard, to show his bonafide, he has filed undertaking which is
taken on record.          Considering the aforesaid facts and as the
investigation is over, charge-sheet is filed and as case is based on
documentary evidence and even the complainant and the victims
approached the RERA, present application is required to be
considered. Following aspects have been considered:




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      (1)     Investigation is over and charge-sheet is filed;
      (2)     Applicant is behind the bar since 24/02/2026;
      (3)     There is nothing to be recovered or discovered from the
      applicant;
      (4)     Obviously commencement and conclusion of trial will
      take its own time;
      (5)     Prosecution has failed to point out the circumstances to
      continue or prolong his detention.


[8.0] 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.


[9.0] 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.11192011260139              of   2026      registered       with      Bopal
Police Station, Ahmedabad (Rural), on executing a personal



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   R/CR.MA/13899/2026                             ORDER DATED: 07/07/2026




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 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.
   (h)    not to contact or try to contact directly or indirectly
          the complainant/victim/witnesses connected with the
          offence;
   (i)    not to enter in any manner into transaction or
          dealing of the said property as defined under the
          Transfer of Property Act;
   (j)    as and when if settlement proceedings took place, at



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        R/CR.MA/13899/2026                                                          ORDER DATED: 07/07/2026




                 that time, he has to execute the MOU or reverse the
                 alleged           sale         transaction               as       directed            by       the
                 complainant/victim and in this regard, he has to file
                 undertaking before the concerned court at the time
                 of furnishing bail bond;


  [10.0] 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.


  [11.0] 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.


  [12.0] 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.


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




                                                                     (HASMUKH D. SUTHAR,J)
  ILA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 07/07/2026 14:22:17




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