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High Court of Gujarat

RONAKKUMAR MANILAL TRIVEDIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court held that, on the facts, regular bail should be granted to the applicant.

Summary

The petitioner, Ronakkumar Manilal Trivedi, applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with an FIR alleging offences under the Prevention of Corruption Act (sections 7(a), 7A, 12, 13(1)(a) and 13(2)). The State opposed bail, arguing the seriousness of the alleged corruption offences. The Court examined the applicant’s residence, lack of criminal antecedents, and the absence of any pending recovery or discovery against him, and considered the Supreme Court’s guidelines in Sanjay Chandra v. CBI. Finding that the applicant satisfied the criteria for bail and that imposing conditions would safeguard the trial, the Court exercised its discretion to grant regular bail. The order directed the applicant to execute a bail bond of Rs.25,000 with two sureties and imposed several conditions, including surrender of passport, residence reporting, and regular police station attendance.

Issues considered

  • Whether regular bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences punishable under the Prevention of Corruption Act.
  • Whether the nature of the alleged corruption offences and the applicant's role justify denial of bail.
  • Whether the Court may impose conditions to ensure the applicant's compliance and the integrity of the trial.

Legislation cited

Subjects

regular bailSection 483Bharatiya Nagarik Suraksha SanhitaPrevention of Corruption Actbail conditionsSanjay Chandra precedentcriminal procedure

Judgment

     R/CR.MA/5649/2026                             ORDER DATED: 09/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
                  CHARGESHEET) NO. 5649 of 2026

==========================================================
                         RONAKKUMAR MANILAL TRIVEDI
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
MR. NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                               Date : 09/03/2026

                                ORAL ORDER


1.     Heard learned advocate appearing on behalf of the

applicant and learned APP appearing on behalf of the

respondent-State.

2.     Rule. Learned APP waives service of rule on behalf of the

respondent-State.

3.     The applicant has led this application under Section 483 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the

applicant on Regular Bail in connection with FIR being C.R. No.

11194022260001 of 2026 registered with Surat City ACB Police

Station, Surat for the o/ence punishable under Sections 7(a), 7A,

12, 13(1)(a) and 13(2) of Prevention of Corruption Act.



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      R/CR.MA/5649/2026                         ORDER DATED: 09/03/2026




4.      Learned advocate for the applicant would submit that,

considering the role attributed to the applicant, and nature of

the allegation levelled, the applicant may be enlarged on regular

bail. It is further submitted that, the applicant is ready and willing

to abide by all the conditions that may be imposed by this Court,

if released on bail.

5.      As against the same, learned Additional Public Prosecutor

appearing for the respondent – State has vehemently objected to

the grant of regular bail. Learned APP has submitted that looking

to the nature of o/ence and the role attributed to the present

applicant, this Court may not exercise discretion in favour of the

applicant and the application may be dismissed.

6.      I have heard learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered:-

     i. The applicant is a permanent resident of Surat, hence

     would be available at the time of trial;

     ii. No further recovery or discovery is to be e/ected either

     from the applicant or his premises;

     iii. The applicant does not have any criminal antecedents.

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     R/CR.MA/5649/2026                          ORDER DATED: 09/03/2026




       This Court has taken into consideration the law laid down

by the Hon’ble Apex Court in the case of Sanjay Chandra v.

Central Bureau of Investigation reported in [2012] 1 SCC 40.

7.     In the facts and circumstances of the case and considering

the nature of the allegations made against the applicant in the

First Information Report, without discussing the evidence in

detail, prima facie, this Court is of the opinion that this is a          t

case to exercise the discretion and enlarge the applicant on

regular bail.

8.     Hence, the present application is allowed. The applicant is

ordered to be released on bail in connection with F.I.R. registered

as C.R. No. 11194022260001 of 2026 registered with Surat City

ACB Police Station, Surat, on executing a bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand only) with two sureties each of

the like amount to the satisfaction of the trial Court and subject

to the conditions that he shall;




     [a] not take undue advantage of liberty or misuse liberty;

     [b] not act in a manner injurious to the interest of the

     prosecution;

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     R/CR.MA/5649/2026                          ORDER DATED: 09/03/2026




     [c] surrender passport, if any, to the lower court within a

     week, and if he does not possess a passport, he shall           le an

     a>davit to that e/ect;

     [d] not leave the State of Gujarat without prior permission of

     the Sessions Court concerned;

     [e] furnish the present address of his residence to the I.O. and

     the Court at the time of execution of the bond and shall not

     change his residence without prior intimation to the I.O. and

     the court;

     [f] mark his presence on every Monday and Thursday before

     the concerned police station till ling of the chargesheet.

     [g] not indulge in similar kind of o/ence hereinafter, for

     which, he shall le a>davits before the concerned court and

     the police station.

9.     The Authorities will release the applicant only if he is not

required in connection with any other o/ence for the time being.

If breach of any of the above conditions is committed, the

Sessions/Special Court concerned will be at liberty to take

appropriate action in accordance with law.




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      R/CR.MA/5649/2026                                                   ORDER DATED: 09/03/2026




10.     Bail bond to be executed before the trial 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 stage of trial, the competent court shall not be

inCuenced by any observations of this Court which are of

preliminary nature, made at this stage only for the purpose of

enlarging the applicant on regular bail.

12.     The application is allowed in the aforesaid terms. Rule is

made absolute to the aforesaid extent. Direct service is

permitted.




                                                      (UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 10/03/2026 17:45:32




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