NARESHBHAI BHAVUBHAI VALANIYAversusANILBHAI RAMESHBHAI VASOYA

     R/CR.MA/16006/2025                                   CAV ORDER DATED: 04/05/2026




                                                      Reserved On   : 08/01/2026
                                                      Pronounced On : 04/05/2026

               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
                        16006 of 2025

                   In R/CRIMINAL MISC.APPLICATION/15331/2024

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                           NARESHBHAI BHAVUBHAI VALANIYA
                                        Versus
                          ANILBHAI RAMESHBHAI VASOYA & ANR.
==========================================================
Appearance:
NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 2
==========================================================

     CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
           DESAI


                                   Date : 04/05/2026

                                     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.1 accused by

the coordinate bench of this court, vide order passed in

Criminal           Misc.       Application      No.    15331      of 2024          on

10.09.2024, which was modified on 13.09.2024, and

consequently, to quash and set aside the said order.




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2.    Heard learned advocate Mr. Nishith Acharya for the

applicant and learned APP Mr. Tirthraj Pandya for the

respondent No.2-State.          The respondent no.1 accused-

Anilbhai Rameshbhai Vasoya was initially served the

notice.     However, he had not remained present, and as

such, this Court had given one more opportunity to him to

remain present. However, on the day, when the matter

came up for hearing also, respondent no. 1 accused did

not remain present before the court.



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

Rameshbhai Vasoya was granted anticipatory bail by the

co-ordinate bench of this court, vide order passed in

Criminal       Misc.    Application     No.   15331     of 2024          on

10.09.2024.           The co-ordinate bench in its order had

mentioned that, the applicant therein – respondent no. 1

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

five equal monthly installments within five months, from

the date of his release, pursuant to which, the Court had

considered the said submission and had released the



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respondent no. 1 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 file an undertaking before
              learned Trial Court that he shall pay sum
              of Rs.15,00,000/- within a period of 5
              months from the date of his release in five
              equal monthly installments.”


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

respondent no. 1 herein, had not complied with the said

condition, and had thereby committed breach of the

same. The applicant has filed the present application on

oath and thereafter, by way of additional affidavit dated

27.01.2026, has stated that the respondent no.1 accused

in spite of having made a statement through his learned

advocate before the coordinate bench during the hearing

of Criminal Misc. Application No.15221 of 2024, and

thereafter, having submitted an undertaking before the

concerned Trial Court as regards depositing Rs.15 lakhs

in five monthly installments within five months from the



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date    of     his    release,   however,      had   only      deposited

Rs.7,50,000/- at the end of five months, and till date, he

has not deposited the remaining amount. Mr.Acharya has

also submitted that, the respondent no.1 accused has

committed one more offense, after being released on

anticipatory bail in this case.



5.     Thus, considering the fact that, the respondent no. 1

accused though having given an undertaking to deposit

Rs.15 lakhs in five equal monthly installments, from the

date of his release, having only deposited Rs.7,50,000/-

till date, and not having deposited the remaining amount,

he having committed breach of the bail condition, and

also not having remained present before this court inspite

of notice having been served, this appears to be a fit case

to cancel his anticipatory bail, which was granted by

virtue of order passed in Criminal Misc. Application No.

15331 of 2024 on 10.09.2024, which came to be modified

on 13.09.2024.



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

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 anticipatory bail granted to the respondent no. 1 accused

 by the coordinate bench vide order passed in Criminal

 Misc. Application No. 15331 of 2024 on 10.09.2024,

 which was modified by way of order dated 13.09.2024, is

 hereby cancelled. Consequently, the Investigating Officer

 of Amroli Police Station, Surat who had investigated the

 offence registered vide FIR No.11210004241374 of 2024,

 is      directed             to       immediately                   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 04/05/2026 15:39:59




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