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2026 DIGILAW 151 (GUJ)

Maulesh Virendrabhai Hingu v. State Of Gujarat

2026-03-05

NIKHIL S.KARIEL

body2026
ORDER : NIKHIL S. KARIEL, J. 1. Heard learned Mr.N.K.Majmudar appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.Ronak Raval 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 filed 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.11201005250003/2025 registered with CID Crime Vadodara Zone Police Station, District: Vadodara City, for the offence punishable under Sections 406, 409, 420, 467, 468, 471, 474, 114 and 120(B) of Indian Penal Code and Sections 13(1)(a), 13(1)(b), 13(2), 7(a) of the Prevention of Corruption Act. 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 since the charge- sheet is filed no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended 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 offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise the discretion in favour of the applicant and the application may be dismissed. 6. This Court heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:- i. The allegation in the FIR is that the accused, in connivance with each other had misappropriate government funds of large value and whereas, it would appear that the present applicant was a government employee and whereas, the role attributed to the present applicant was of having prepared bills without proper verification / in connivance with other accused and the same resulted in loss of around Rs.42 Crores to the State Government. ii. The allegation being that the applicant had inter alia done the same for receiving some commission. iii. ii. The allegation being that the applicant had inter alia done the same for receiving some commission. iii. While it would appear that the co-accused being the contractors, had inflated the bills etc., the present applicant, as an employee of the State Government / the organization which was funding the amount, had even more serious responsibility of ensuring that the funds are appropriately managed. iv. While the above would be the consideration, yet, this Court has also considered the fact that the applicant is in custody since 24.07.2025, charge-sheet having been filed and the applicant having no antecedents. v. This Court has also considered the submission made by learned advocate under instruction that the applicant, to show his bona fides, without prejudice to his rights and contentions, would deposit an amount of Rs.30,00,000/- before the learned Trial Court within a stipulated time as may be directed by this Court. 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 fit case to exercise the discretion and enlarge the applicant on regular bail. 8. Hence, the present application is allowed. 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.11201005250003/2025 registered with CID Crime Vadodara Zone Police Station, District: Vadodara City, on depositing an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) as a precondition of releasing the applicant, on filing an undertaking within a period of one week from the date of his release that the applicant would pay the remaining amount of Rs.15,00,000/- within a period of two months from the date of his release and on executing a bond of Rs.50,000/- (Rupees Fifty Thousand only) 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 and State of Rajasthan without prior permission of the Sessions Court concerned; [e] 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 residence without prior intimation to the I.O.; [f] mark presence once a month for a period of six months before the concerned police station. 9. The amount of Rs.30,00,000/- shall be invested in a Fixed Deposit Receipt and whereas the learned Trial Court shall take an appropriate decision as regards disbursing the amount in question as per final order passed in the trial. 10. The Authorities will release the applicant 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. 11. 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. 12. 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 application of the applicant for being released on regular bail. 13. 12. 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 application of the applicant for being released on regular bail. 13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.