MITALBEN NIKUNJBHAI TRIVEDIversusSTATE OF GUJARAT

   R/CR.MA/16070/2026                                   ORDER DATED: 14/08/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET)
                             NO. 16070 of 2026
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                     MITALBEN NIKUNJBHAI TRIVEDI
                                   Versus
                            STATE OF GUJARAT
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Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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   CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 14/08/2026
                                 ORDER
      Mr. Yash V. Gupta, learned advocate appearing for Mr.
Vishal K. Anandjiwala submits that they have instructions to
appear on behalf of the complainant and he has opposed the
present application and tendered an affidavit on record.

      They are permitted to file their appearance and affidavit is
taken on record.

[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.11208003250715              of         2025      registered           with
Gandhigram-2 University Police Station, Rajkot, for the
offences under Sections 420 and 120(B) of the IPC..

[3.0] Learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. Nothing is required to be recovered or
discovered. He therefore submits that, considering the nature of


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   R/CR.MA/16070/2026                          ORDER DATED: 14/08/2026




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.


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      R/CR.MA/16070/2026                                      ORDER DATED: 14/08/2026




Following aspects have been considered:
         (1)     Investigation is over and charge-sheet is filed;
         (2)     Applicant is behind the bar since 07.04.2026;
         (3)     There is nothing to be recovered or discovered from
         the     applicant;
         (4)     The allegation against the present applicant is that,
         on the pretext of inducing the complainant to invest money
         in Marwadi Finance Services Limited, the applicant, along
         with the other co-accused, lured the complainant into
         investing a sum of ₹25.00 lakh. Out of the said amount,
         the accused persons returned only ₹89,000/-, while the
         remaining         balance   amount        was   not       repaid      to       the
         complainant. The specific role attributed to the present
         applicant is that she was one of the conspirators and was
         present at the office when the transaction/dealing took
         place.
         (5)     Though the applicant is having past antecedent, he is
         presumed to be innocent till proven guilty;.
         (6)     Prosecution has failed to point out the circumstances
         to continue or prolong his incarceration;
         (7)     Obviously commencement and conclusion of trial will
         take its own time.
[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


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   R/CR.MA/16070/2026                                    ORDER DATED: 14/08/2026




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.11208003250715                 of          2025   registered           with
Gandhigram-2 University Police Station, Rajkot 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 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



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      R/CR.MA/16070/2026                                               ORDER DATED: 14/08/2026




             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)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 14/08/2026 15:52:10

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