DHIRAJKUMAR JAYANTIBHAI CHAUDHARYversusSTATE OF GUJARAT

 R/CR.MA/26044/2025                                 CAV ORDER DATED: 14/05/2026




                                               Reserved On   : 26/02/2026
                                               Pronounced On : 14/05/2026

           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
                        26044 of 2025

               In R/CRIMINAL MISC.APPLICATION/17481/2024


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
==========================================================

          Approved for Reporting                 Yes           No
                                                               
==========================================================
                 DHIRAJKUMAR JAYANTIBHAI CHAUDHARY
                                Versus
                       STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR NAREN B GADHVI(13530) for the Applicant(s) No. 1
MR VISHAL N SOLANKI(11628) for the Applicant(s) No. 1
MR. MAULIK M SONI(7249) for the Respondent(s) No. 2,3,4
MR TIRTHRAJ PANDYA, ADDL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI


                              CAV ORDER




1.    The       applicant,   herein,          who    is     the      original

complainant, has preferred the present application under

Section 483(3) of the BNSS, 2023 praying for cancellation



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of anticipatory bail granted to the respondent nos. 2, 3 &

4 – accused, by the coordinate bench vide order passed in

Criminal       Misc.   Application     No.   17481     of 2024          on

16.10.2024.



2.    The FIR in question came to be registered vide Part

A I- C.R. No. 11206075240729 of 2024 by Visnagar Town

Police Station, Mehsana on 10.08.2024, for the offence

alleged to have been committed under Sections 406, 420

and 114 of the Indian Penal Code, 1860.



3.    At the outset, on perusing the order passed by the

co-ordinate bench granting anticipatory bail to the

respondent nos. 2 to 4, a statement was made on their

behalf by their learned           Senior Advocate            that,     the

respondent nos. 2 to 4 i.e. the applicants therein, were

ready and willing to deposit the amount of Rs.59 lakhs,

which was paid by the original complainant and also

deposit additional amount of Rs.21 lakhs, which was paid

by another victim. The said amounts were given to the

respondent nos. 2 to 4 for procuring Canadian Visas and

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PR procedure.           It was submitted on behalf of the

respondent nos. 2 to 4 that, they would deposit an

amount of Rs. 14 lakhs within a period of one week from

the date of the said order, and thereafter, they would

deposit 9 monthly installments of Rs. 9 lakhs each, and

thereafter, 3 monthly installments of Rs. 7 lakhs each. In

the light of such readiness and willingness of the

respondent nos. 2 to 4 to deposit the amount of Rs.80

lakhs as per the statement made by their learned Senior

Advocate,        the   co-ordinate     bench    had     allowed         the

application preferred        by the respondents accused and

had released them on anticipatory bail. The coordinate

bench had also noted in its order that “the applicant i.e.

the respondent – accused shall file an undertaking before

the concerned Trial Court as regards the amount which

he is willing to deposit as per the statement of learned

Senior Counsel, before the concerned Trial Court within

a period of one week from the date of execution of bond.”



4.    Thereafter,      the   respondents       accused       had      filed



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Criminal Misc. Application No. 1 of 2025 (for extension of

time) in Criminal Misc. Application No. 17481 of 2024,

wherein, they had prayed to the court that, because of

their poor financial condition, they were not in a position

to deposit Rs. 5 lakhs every month, and therefore the

condition be modified, requiring the applicants therein to

deposit the amount of Rs. 5 lakhs every two months.



5.    Heard learned advocate Mr. Naren B. Gadhvi with

Mr. Vishal Solanki for the applicants.               Mr. Gadhvi has

submitted that, the applicants had committed breach of

the order of the coordinate bench and though they had

promised         to    deposit   the       amounts    as     per       their

undertaking, they had deposited only Rs. 34 lakhs till

March 2025, instead of the total amount of Rs. 80 lakhs.

Hence,       the      respondents    accused    having       committed

breach of the bail conditions, the present application be

allowed, and the anticipatory bail which came to be

granted to the respondents accused be cancelled and

they be taken into custody.



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6.    Heard learned advocate Mr. Maulik M., Soni for the

respondent nos. 2 to 4 – accused, who has stated that, the

respondents are regularly paying the installments before

the trial court, and they have not committed any breach

of the bail conditions, and hence, this application should

be rejected.



7.    Heard learned APP Mr. Tirthraj Pandya on behalf of

respondent            no.   1   –   State,            who   has     adopted         the

submissions of Mr. Gadhvi.                            Mr. Pandya has further

submitted that, the anticipatory bail came to be granted

to   the      respondents           –      accused,         subject        to     their

undertaking of repayment of the amounts and not

otherwise. However, thereafter they chose not to abide by

their undertaking and after depositing part money, the

remaining amount is yet to be deposited. Mr. Pandya has

stated that, the respondents – accused have committed

breach of the bail conditions, hence, necessary order be

passed.



8.    This court had called for the report from the court of

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the Additional Chief Judicial Magistrate of Visnagar, as

regards, the details of the amounts which had been

deposited by the respondents – accused in the said court.

The learned ACJM had forwarded the report dated

24.02.2026, from wherein, it is revealed that, the

respondents – accused had deposited in all Rs. 34 lakhs

till 29.05.2025.      However, thereafter they had stopped

depositing the installments with the concerned competent

court.     It is pertinent to observe that, though the co-

ordinate bench had modified the condition of 9 monthly

installments of Rs.5 lakhs each to bi-monthly installments

of the said amount, the respondents – accused had failed

to honour their commitment.



9.    In the light of the report forwarded by the learned

ACJM of Visnagar dated 24.02.2026, considering the fact

that, the respondents – accused had lastly deposited the

installment of Rs.5 lakhs on 29.05.2025, and thereafter

not having deposited any further installment till date,

they have committed a clear and unequivocal breach of



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their own undertaking, and the condition laid down by the

coordinate bench.



10. In the event, the present application is hereby

allowed.        Consequently, the order passed by the co-

ordinate bench in Criminal Misc. Application No. 17481

of 2024 dated 16.10.2024 granting anticipatory bail to the

respondents – accused, is hereby quashed and set aside.

In further consequence, the Investigation Officer, who

had conducted the investigation of the offence which

came to be registered by way of FIR bearing Part A I-

C.R. No. 11206075240729 of 2024 with Visnagar Town

Police Station, Mehsana is directed to immediately arrest

the respondent nos. 2 to 4 – accused in accordance with

law. Rule is made absolute.



                      (UTKARSH THAKORBHAI DESAI, J)


FURTHER ORDER:



      After the above order was pronounced, Mr. Maulik



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       Soni, learned advocate for the respondent nos. 2 to 4 –

       accused has sought for stay of the order for a period of

       three weeks. The said request is not acceded to and the

       same is hereby rejected.




                                                                (UTKARSH THAKORBHAI DESAI, J)
       DIVYA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/05/2026 15:26:29

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