Lavesh Jikeshbhai Patel vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned advocate Mr. Pratik Barot for the applicants and learned APP Ms. Ashmita Ptel for the respondent-State.

Rule. Learned APP waives service of rule on behalf of the respondent-State.

The applicants have filed these applications 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.11206073240430/2024 registered with Vadnagar Police Station, Dist. Mehsana, for the offence punishable under Sections 316(5), 319(2), 318(2), 318(4), 61(2) o the BNS.

Learned advocate Mr. Barot for the applicants would submit that the allegation against the present applicants is of being part of an alleged conspiracy, wherein people were lured to invest money in the stock market through a Company and whereas the amount, which had been deposited, had been appropriated by the accused. Learned advocate would submit that the role attributed to the present applicants is of having provided their accounts for deposit of money in question and having received commission / percentage of the amount, which had been deposited. Learned advocate would submit that while the present applicants seek to be enlarged on regular bail in connection with two different FIRs and whereas it also appears that the applicants have been named in other FIRs with regard to similar offences also, yet it is submitted that this Court may consider the case of the present applicants for being released on regular bail, more particularly on the ground that the learned Coordinate Bench of this Court has considered and released the co-accused against whom more serious allegations were levelled. Reference is made to an order dated 26.06.2025 in Criminal Misc. Application No.6811 of 2025 in case of one Thakore Sendhaji @ Prakashji Jesangji, who is also stated to be involved in the said conspiracy and whereas it is submitted that even before the learned Coordinate Bench, the allegation was that the said accused was one of main accused in commission of the offence and he had provided dummy sim cards to other co-accused for making phone calls and whereas the order further records that the money received through the alleged fraud had been deposited in the accounts of the wife as well as mother of the said accused. Learned advocate would further draw the attention of this Court to order passed by the learned Coordinate Bench in case of Thakor Bharatji Mangaji dated 03.09.2025 in Criminal Misc. Application No. 17337 of 2025. Learned advocate would submit that in the said case, the amount received in account of the said accused was approximately Rs.2,86,000,00/- and whereas the said accused, had transferred the money / handed over money after withdrawing the same to other accused has also been considered for grant of regular bail. Learned advocate would submit that since co-accused having more serious role, having been considered by learned Coordinate Bench, this Court may consider releasing the present applicants also.

This application has been vehemently opposed by learned APP Ms. Patel. Learned APP would submit that the present is the case of large scale financial frauds committed by the present applicants along with other accused. Learned APP would submit that against the accounts provided by the present applicants, the complaints have been received from different States. Learned APP would submit that the present applicant had, in fact taken a share of the amount, which had been deposited in their accounts and whereas under such circumstances, it is requested that this Court may not release the present applicants on regular bail.

To a pointed query by this Court, learned APP could not dispute that the role attributed to co-accused Sendhaji Thakor, was more serious than the role attributed to the present applicants.

Learned Advocates for the parties do not press for reasoned order.

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

(i) The fact of the co-accused having more serious role, having been enlarged on regular bail.

(ii) The fact of the accused having near about similar role to the present applicant (Bharatji Thakor) having been released on regular bail.

(iii) While learned APP has relied upon CDR to show that the present applicants were part of of main criminal conspiracy, yet, considering the fact the accused having more serious role has already been enlarged on regular bail by learned Coordinate Bench as far back as in the month of June, 2025, the present application also deserves consideration.

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.

In the facts and circumstances of the case and considering the nature of the allegations made in the First Information Report, 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 applications are allowed. The applicants are ordered to be released on bail in connection with F.I.R. No.11206073240430/2024 registered with Vadnagar Police Station, Dist. Mehsana, on executing a bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety 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;

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

[d] not leave the State of Gujarat without prior permission of the Sessions Court concerned;

[e] mark presence once every 15 days before the concerned Police Station till the trial commences.

[f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residential address without prior permission intimation to Investigating Officer;

The Authorities will release the applicants 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 Court concerned will be free to take appropriate action in the matter.

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.

At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the applications of the applicants for being released on regular bail.

The applications are allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.