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High Court of Gujarat

CHHUTRARAM @ DINESH KUMAVAT JASSARAM ( AS PER NAME APPLICATION AND BAIL ORDER)versusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

Given the applicant’s minimal involvement, clean antecedent, and willingness to cooperate, the Court held that anticipatory bail under Section 482 BNSS should be granted with conditions.

Summary

The applicant, Chhutraram (Dinesh) Kumavat Jassaram, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with FIR No. C.R. 11210002254026 filed at Sachin GIDC Police Station, Surat. The prosecution opposed bail, citing the seriousness of the alleged financial fraud involving unpaid sums of Rs. 2,95,55,683 and dishonoured cheques. The Court examined the standard bail factors—nature of the offence, the applicant’s antecedents, risk of flight, and potential to tamper with evidence—and noted that the applicant’s role was limited to introducing parties, he had no prior convictions, and he pledged cooperation. Relying on precedents such as Siddharam Satlingappa Mhetre v. State of Maharashtra, Gurubaksh Singh Sibbia, and Sushila Aggarwal, the Court granted anticipatory bail with a personal bond of Rs.10,000 and several conditions, while preserving the police’s right to seek arrest under Section 483(2) for any breach. The order emphasized that the trial court should not be influenced by these observations when later considering bail.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS in the present case
  • Whether the nature and gravity of the alleged financial offence preclude the grant of bail
  • Whether the applicant poses a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

anticipatory bailSection 482 BNSSfinancial fraudbail conditionsflight riskevidence tampering

Judgment

     R/CR.MA/7596/2026                                    ORDER DATED: 02/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 7596
                          of 2026

==========================================================
     CHHUTRARAM @ DINESH KUMAVAT JASSARAM ( AS PER NAME
                APPLICATION AND BAIL ORDER)
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1
ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 02/04/2026

                                 ORAL ORDER


1.     Rule.        Learned Additional Public Prosecutor waives
service of notice of rule for respondent – State of Gujarat.


2.     By way of this application under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”),
the applicant has prayed for anticipatory bail in the event of
arrest      in     connection     with      the     FIR    being       C.R.         No.
11210002254026 of 2025, registered with Sachin Gidc Police
Station, District: Surat for the offences alleged therein.


3.     Learned advocate for the applicant submits that the
nature of allegations are such that custodial interrogation at
this stage is not necessary. It is further submitted that the
applicant will keep himself available during the course of
investigation and trial also and will not flee from justice.



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      R/CR.MA/7596/2026                              ORDER DATED: 02/04/2026




3.1     The learned advocate for the applicant further states that
the applicant shall abide by all the conditions that may be
imposed while granting anticipatory bail to the applicant.
Accordingly, it is urged that this application may be allowed
and to grant the anticipatory bail to the applicant.


4.      As against this, the learned Additional Public Prosecutor
appearing on behalf of the respondent – State has opposed
grant of anticipatory bail looking to the nature and gravity of
the offence and requested not to entertain this application.


5.      Having heard the learned advocates appearing for the
parties and perusing the papers available on record, it is
incumbent           upon   the   Court     to   exercise   its    discretion
judiciously, cautiously and strictly in compliance with the
basic principles laid down in plethora of decisions of the Apex
Court on the point. It is well settled that, among other
circumstances, the factors to be borne in mind while
considering an application for bail are (i) the nature and
gravity of the accusation; (ii) the antecedents of the applicant
including the fact as to whether he has previously undergone
imprisonment on conviction by a Court in respect of any
cognizable offence; (iii) the possibility of the applicant to flee
from justice; and (iv) where the accusation has been made
with the object of injuring or humiliating the applicant by
having him so arrested. Though at the stage of granting bail
an elaborate examination of evidence and detailed reasons
touching the merits of the case, which may prejudice the case


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     R/CR.MA/7596/2026                             ORDER DATED: 02/04/2026




of accused, should be avoided.             However, following aspects
have been taken into consideration:

a)    The applicant, along with one Shankar Chaudhary, who
were acting as brokers, introduced the original accused
Awadesh to the present complainant. Pursuant to the said
introduction, the complainant and the original accused
entered into business transactions on various occasions, and
part payments were also made from time to time.

b)   However, a total sum of Rs. 2,95,55,683/- remained
unpaid, and the cheques issued towards the said transactions
were returned dishonoured.


c).  Except for introducing the original accused to the
complainant, no other role is attributed to the present
applicant. There is not a single allegation that the applicant is
a beneficiary of the said transactions.

d)     the applicant has no past antecedents;

e)   the learned advocate for the applicant has assured that
the applicant will not flee from justice and would be available
during investigation as well as the trial.

6.     Considering the aforesaid aspects and the law laid down
by the Hon’ble Apex Court in the case of Siddharam
Satlingappa Mhetre v. State of Maharashtra and Others,
reported in (2011) 1 SCC 6941, wherein the Hon’ble Apex
Court reiterated the law laid down by the Constitution Bench
in the case of Shri Gurubaksh Singh Sibbia & Others,
reported in (1980) 2 SCC 665 and also the decision in the
case of Sushila Aggarwal v. State (NCT of Delhi), reported
in (2020) 5 SCC 1, the Court is inclined to allow the present



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     R/CR.MA/7596/2026                          ORDER DATED: 02/04/2026




application.


7.     In the result, this application is allowed by directing that
in the event of arrest/ appearance of the applicant in
connection with the above-referred FIR, the applicant shall be
released on bail on furnishing a personal bond of Rs.10,000/-
(Rupees Ten Thousand) with one surety of like amount on
the following conditions that applicant:

       (a) shall cooperate with the investigation and make
       available for interrogation whenever required;

       (b) shall not directly or indirectly make any
       inducement, threat or promise to any person acquainted
       with the fact of the case so as to dissuade him from
       disclosing such facts to the court or to any police officer;

       (c)   shall not obstruct or hamper the police
       investigation and not to play mischief with the evidence
       collected or yet to be collected by the police;

       (d) shall remain present at the concerned Police
       Station on 09.04.2026 between 11.00 a.m. and 2.00
       p.m. and the Investigating Officer shall ensure that no
       unnecessary harassment or inconvenience is caused to
       the applicant;

       (e)  shall at the time of execution of bond, furnish the
       address to the investigating officer and the court
       concerned and shall not change residence till the final
       disposal of the case till further orders;

       (f)  shall not leave India without the permission of the
       Court and if having passport shall deposit the same
       before the trial Court within a week;

       (g)      It is open to the police or the investigating agency


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         R/CR.MA/7596/2026                                                      ORDER DATED: 02/04/2026




            to move the learned trial Court for a direction under
            Section 483(2) of the BNSS to arrest the accused, in the
            event of violation of any term, such as absconding, non-
            cooperating during investigation, evasion, intimidation or
            inducement to witnesses with a view to influence
            outcome of the investigation or trial, etc.

  7.1       At the trial, the Trial Court shall not be influenced by the
  prima facie observations made by this Court while considering
  the bail application.


  8.        It is made clear that this order of anticipatory bail does
  not in any manner limit or restrict the rights or duties of the
  police or investigative agency to investigate into the charges
  against the applicant who is granted pre-arrest bail.


  9.        Rule is made absolute to the aforesaid extent.                                            Direct
  service is permitted.



                                                                                        (P. M. RAVAL, J)
  MOHD SAIF ULLAH




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHD SAIF ULLAH(HC02372), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 02/04/2026 17:56:18




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