RAKESHKUMAR (RASKESHKUMAR) BHAGWAN RAMversusSTATE OF GUJARAT

     R/CR.MA/26561/2025                         ORDER DATED: 20/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
           AFTER CHARGESHEET) NO. 26561 of 2025

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             RAKESHKUMAR (RASKESHKUMAR) BHAGWAN RAM
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR SACHINKUMAR G AGRAWAL(13222) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 20/01/2026

                             ORAL ORDER


1.      RULE.       Learned APP waives service of rule for the
respondent-State.


2.      The present successive bail application is filed under
Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for
short “BNSS”) for regular bail in connection with FIR being C.R.
No.11191007240519 of 2024 registered with Bapunagar
Police Station, Ahmedabad City, for the offences punishable
under Sections 178(1), 179, 180, 61, 54 of the Bharatiya Nyaya
Sanhita, 2023 (for short “BNS”).

3.      Learned Advocate appearing on behalf of the applicant
submits that the applicant has no connection with the alleged
offence and has been falsely implicated. The applicant has been
in judicial custody since 12.10.2024, and till date there has been
no substantial progress in the trial. The present applicant has
been implicated in the offence solely on the statement of the co-


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     R/CR.MA/26561/2025                                  ORDER DATED: 20/01/2026




accused, whereas he was not involved in any printing or
circulation of counterfeit currency and did not play any active
role    in the        alleged   offence.    The    applicant    has     no    past
antecedents, and if he is not released on bail, his family would
face starvation. Nothing is required to be recovered or discovered
from the present applicant. It is further submitted that,
considering the nature of the offence, the applicant may be
granted regular bail by imposing suitable conditions.



4.      Learned APP appearing on behalf of the respondent-State
has opposed the grant of regular bail, considering the nature
and gravity of the offence. It is submitted that the present
applicant is actively involved in the offence and that his presence
is also reflected in the CCTV footage. The present applicant acted
as a middleman and was in constant contact with one Rafik,
who is yet to be arrested. The conductor of the travels company
has identified the present applicant and stated that he was
travelling along with the said Rafik. It is further alleged that
Rafik used to send fake currency through the travels company,
and the counterfeit parcels were received by the present
applicant,        who     thereafter       handed    them      over      to    one
Indrabhushan. Hence, prima facie involvement of the present
applicant is established. Merely because the applicant has been
arraigned as an accused on the statement of a co-accused does
not dilute the case, as ample material is available on record
indicating his involvement in the offence. It is further submitted
that a money transfer trail has also been found in the bank
account of Rafik. In view of the above, the role of the present



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      R/CR.MA/26561/2025                                     ORDER DATED: 20/01/2026




applicant and his involvement in the offence are clearly
established. Therefore, the present application deserves to be
dismissed.


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


(1)       The      applicant   has   been          in   judicial   custody       since
          12.10.2024, and till date there has been no substantial
          progress in the trial. The present applicant has been
          implicated in the offence solely on the statement of the co-


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      R/CR.MA/26561/2025                                      ORDER DATED: 20/01/2026




          accused;
(2)       Investigation is over and charge-sheet is filed;
(3)       Upon perusal of the FIR, it appears that the present
          applicant has been arraigned as Accused No. 2. It is
          alleged that on 12.10.2024, Accused No. 1, namely
          Indrabhushan Tripathi, was caught red-handed with
          counterfeit      currency,     and         that   the   said    counterfeit
          currency belonged to the present applicant (Accused No.
          2), who was allegedly aware that the currency was fake
          and nonetheless used it as genuine and circulated it in
          the market. However, from the conscious possession of
          Accused No. 1, seven counterfeit currency notes of Rs.500
          denomination and 529 counterfeit currency notes of
          Rs.100 denomination were recovered. Nothing has been
          recovered or discovered from the present applicant which
          would connect him with the alleged counterfeit currency
          notes;
(4)       It is alleged that the present applicant formed part of the
          chain in the circulation of the said counterfeit currency.
          The allegation against him is that he received a parcel
          sent by the absconding co-accused Rafik and, in turn,
          handed it over to Accused No. 1; however, there is no
          specific material on record to indicate that the present
          applicant was aware that the currency contained in the
          parcel was counterfeit. Even otherwise, the mere fact that
          the co-accused Rafik is absconding cannot, by itself, be a
          ground to refuse bail to the present applicant;


(5)       The applicant has no past antecedents and now, nothing


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     R/CR.MA/26561/2025                          ORDER DATED: 20/01/2026




         is required to be discovered or recovered from the accused
         and there is no possibility of the trial taking place in the
         near future;


7.      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.      In the facts and circumstances of the case and considering
the nature of the allegations made against the applicant/s 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/s on regular bail. Hence,
the present application is allowed. The applicants is/are ordered
to be released on regular bail in connection with FIR being C.R.
No.11191007240519 of 2024 registered with Bapunagar
Police Station, Ahmedabad City on executing a personal
bond of Rs.25,000/- (Rupees Twenty-five Thousand only)
with one local surety of the like amount to the satisfaction
of the trial Court and subject to the conditions that he shall;


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     R/CR.MA/26561/2025                              ORDER DATED: 20/01/2026




      (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 a week till the trial is over between 11.00 a.m. and
             2.00 p.m.;
     (f)     furnish the UIDAI Number, Contact Number/s, Passport
             Number (if he is having the passport), E-mail address and
             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 without prior permission
             of Trial Court;
     (g)     not indulge in any illegal activity or any similar type of
             offence. If the applicant is found in any illegal activity
             or any similar type of activity, then, concerned
             Investigating Officer shall        have liberty to file an
             application for cancellation of bail against the present
             applicant. In case of breach of any conditions, the
             concerned Trial Court shall have liberty to cancel the
             bail of the present applicant;


9.      The authorities will release the applicant/s only if he is not
required in connection with any other offence for the time being.



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        R/CR.MA/26561/2025                                                 ORDER DATED: 20/01/2026




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.        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         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.        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 20/01/2026 17:12:43




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