Gujarat High Court
Devang Harishkumar Chevli vs State Of Gujarat on 25 May, 2026
NEUTRAL CITATION
R/CR.MA/7552/2026 ORDER DATED: 25/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 7552 of 2026
==========================================================
DEVANG HARISHKUMAR CHEVLI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
SENIOR ADVOCATE MR.NIRUPAM NANAVATY with MR YASH N
NANAVATY(5626) for the Applicant(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Respondent(s) No. 2
MR.RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 25/05/2026
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for
respondent – State of Gujarat.
2. By way of the present application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
“BNSS”), the applicant has prayed for regular bail in the
event of arrest in connection with the FIR being C.R. No.
11210048251217/ 2025 registered with Umra Police
Station, District: Surat for the alleged offences as
mentioned in the FIR.
3. It is submitted by learned senior advocate Mr.Nirupam
Nanavaty that the applicant is ready to deposit
Page 1 of 6
Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:47 IST 2026
NEUTRAL CITATION
R/CR.MA/7552/2026 ORDER DATED: 25/05/2026
undefined
Rs.20,00,000/- in total i.e Rs.5,00,000/- at the time of
release and after release Rs.5,00,000/- each in three
monthly installments. It is submitted by learned senior
advocate Mr.Nanavaty that when MOU is entered into
between the parties applicant has already given
Rs.8,00,000/- to the complainant which is stated by the
complainant himself in the FIR. It is submitted by
learned senior advocate Mr.Nanavaty that the offence is
triable by learned Magistrate and maximum punishment
would be of 10 years.
4. Learned advocate Ms.Bhavna Acharya, appearing for the
complainant has vehemently opposed this application
and submitted that senior citizens were duped by the
present applicant and their hard earned money was
siphoned. In that background, the present application
may not be entertained.
5. Learned APP has supported the submission of the
learned advocate Ms.Acvharya.
6. Having heard the learned advocates appearing for the
parties and perusing the investigation papers, it is
equally incumbent upon the Court to exercise its
Page 2 of 6
Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:47 IST 2026
NEUTRAL CITATION
R/CR.MA/7552/2026 ORDER DATED: 25/05/2026
undefined
discretion judiciously, cautiously and strictly in
compliance with the basic principles laid down in a
plethora of decisions of the Hon’ble 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 merit of the case, which may prejudice the accused,
should be avoided.
7. This Court has considered the following aspects.
(A) That the applicant is in custody since 8 th
December, 2025;
(B) That all the offence are triable by learned
Magistrate;
Page 3 of 6
Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:47 IST 2026
NEUTRAL CITATION
R/CR.MA/7552/2026 ORDER DATED: 25/05/2026
undefined
(C) That the applicant has shown readiness and
willingness to deposit Rs.5,00,000/- at the time of
release and Rs.15,00,000/- in three monthly
installment of Rs.5,00,000/- each, before the
learned trial court immediately starting from the
release of the applicant and the applicant would
file undertaking to this effect at the time of release
-before this Court and the learned trial court.
8. Considering the aforesaid aspects and the law laid down
by the Hon’ble Apex Court in the case of Siddharam
Satlingappa Mhetre vs. State of Maharashtra and
Ors. 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 & Ors. 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, I
am inclined to allow the present application.
9. In the result, the present application is allowed by
directing that in the event of arrest / appearance of the
applicant in connection with FIR being C.R. No.
11210048251217/ 2025 the applicant shall be released
Page 4 of 6
Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:47 IST 2026
NEUTRAL CITATION
R/CR.MA/7552/2026 ORDER DATED: 25/05/2026
undefined
on bail on furnishing a personal bond of Rs.10,000/-
(Rupees Ten Thousand Only) with one surety of like
amount on the following conditions that applicant:
(a) shall cooperate with the investigation and make
himself 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 at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change her/his residence till the
final disposal of the case till further orders;
(e) 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;
10. At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while
enlarging the applicant on bail.
Page 5 of 6
Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:47 IST 2026
NEUTRAL CITATION
R/CR.MA/7552/2026 ORDER DATED: 25/05/2026
undefined
11. The learned trial court shall disburse the amount
deposited by the applicant, in favour of the complainant,
after due verification
12. Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
Page 6 of 6
Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 25 2026 Downloaded on : Mon May 25 21:28:47 IST 2026
