Vijaykumar Karsanbhai Patel vs State Of Gujarat on 10 July, 2026

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    Gujarat High Court

    Vijaykumar Karsanbhai Patel vs State Of Gujarat on 10 July, 2026

                                                                                                                                NEUTRAL CITATION
    
    
    
    
                                 R/CR.MA/19276/2025                                             CAV ORDER DATED: 10/07/2026
    
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                                                                                         Reserved On   : 07/07/2026
                                                                                         Pronounced On : 10/07/2026
    
                                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                              R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
                                                     19276 of 2025
    
                            ==========================================================
    

    VIJAYKUMAR KARSANBHAI PATEL
    Versus
    STATE OF GUJARAT & ANR.

    ==========================================================
    Appearance:

    SPONSORED

    MR VISHAL B MEHTA(5319) for the Applicant(s) No. 1
    MR ASHISH M DAGLI(2203) for the Respondent(s) No. 2
    MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
    ==========================================================

    CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

    CAV ORDER

    1. This is an application for cancellation of bail

    preferred by the present applicant – original complainant

    under Section 483(3) of the Bharatiya Nagrik Suraksha

    Sanhita (‘the BNSS’ for short), for cancellation of bail granted

    by the Investigating Officer to the accused-respondent, in

    connection with the FIR being CR No.-11195010250066 of

    2025 registered with Palanpur City West Police Station,

    District Banaskantha for the offences punishable under

    Sections 406, 420, 294(B), 506(2), 465, 467 and 468 of the

    Indian Penal Code (`the IPC‘ for short).

    2.1 It is the case of the applicant that the applicant

    is engaged in the business of purchase and sale of immovable

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    properties; the accused introduced himself as owner of

    certain properties and induced the applicant into a

    transaction of sale for a total consideration of Rs.4,00,00,000/-

    (Rupees four crores only) and executed a notarized banakhat

    dated 16.09.2021; the applicant paid and transferred to the

    respondent-accused a total sum and value of Rs.3,62,00,000/-

    (Rupees three crores sixty two lakhs only); it was later

    revealed that the said properties were sold and resold to

    another party and despite this, the respondent deceitfully

    executed sale documents in favour of the applicant; and

    though the sale deed was executed, the respondent has

    deliberately withheld the possession with respect to one

    property; on being confronted, the respondent abused the

    applicant in filthy language and also extended threats to kill

    him. Hence, the FIR was filed by the applicant-complainant.
    The respondent-accused filed the anticipatory bail application,

    which was allowed by the learned Sessions Judge,

    Banaskantha by the impugned order, which is challenged by

    way of this application.

    It is averred in the application that the

    respondent-accused had obtained anticipatory bail by

    suppressing the fact that he had already alienated part of

    the property prior to executing documents with the applicant

    and committed grave fraud; the respondent has refused to

    cooperate with investigation, withheld possession of the

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    property and continued to harass and intimidate the

    applicant; that the offence involves cheating and breach of

    trust to the tune of more than Rs.3,62 crores, which is a

    grave and serious economic offence affecting public trust and

    warrants custodial interrogation; that the accused is likely to

    tamper with the witnesses and evidence, if protection

    continues and there is a reasonable apprehension that if he

    remains at large, he may use his liberty to tamper with

    evidence, influence witnesses or engage in similar fraudulent

    activities, thereby posing a threat to society at large. It is,

    therefore, prayed to grant this application and cancel the bail

    granted to the accused.

    3.1 Learned advocate for the applicant is not present

    when the matter is called out.

    3.2 Learned Additional Public Prosecutor appearing for

    the State has submitted that the impugned order granting

    bail to the respondent-accused is contrary to the material

    available on record. In view of the seriousness of the

    allegations and the larger interest of a fair and effective

    investigation, this Hon’ble Court may be pleased to allow the

    present application, cancel the bail granted to the

    respondent-accused, and direct that the respondent-accused

    be taken into judicial custody in accordance with law.

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    4. Per contra, learned advocate appearing for the
    respondent-accused has opposed the present application and

    submitted that the impugned order granting bail is a well-

    reasoned and speaking order passed upon due consideration of

    the facts and circumstances of the case. It is contended that

    the learned Trial Court has exercised its discretion judiciously

    and in accordance with settled principles of law and,

    therefore, no interference is warranted by this Hon’ble Court

    in exercise of its jurisdiction.

    It is further submitted that while passing the

    impugned order, the learned Trial Court has extensively

    considered all relevant aspects, including the nature of

    allegations, the material collected during investigation, and

    the submissions advanced by both sides. After appreciating
    the entire material available on record, the learned Trial

    Court found it appropriate to enlarge the respondent-accused

    on bail. Hence, it cannot be said that the order suffers from

    any illegality, perversity, or non-application of mind so as to

    justify cancellation of bail.

    It is also submitted that the prosecution has failed

    to point out any supervening circumstance warranting

    cancellation of bail. In particular, it is not the case of the

    State that the respondent-accused has violated or flouted any

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    of the conditions imposed while granting bail. There is no

    allegation that the respondent-accused has attempted to

    tamper with evidence, influence witnesses, obstruct the course

    of justice, or misuse the liberty granted by the Court.

    In view of the aforesaid facts and circumstances, it

    is submitted that no case is made out for cancellation of

    bail. The present application, being devoid of merits, deserves

    to be rejected and the bail granted to the respondent-accused

    may kindly be continued.

    4.1 Having heard the learned APP appearing for the

    respondent-state and learned advocate for the respondent-

    accused and upon perusal of the impugned order as well as

    the material available on record, this Court is of the view
    that the present application has been filed merely on the

    basis of presumptions and assumptions, without placing on

    record any cogent material or demonstrating the existence of

    any supervening or prevailing circumstances warranting

    interference with the order granting bail. In the absence of

    any substantive material to justify the relief sought, the

    application does not merit consideration.

    Considering the entire allegations in the FIR, the

    dispute pertains to transaction of sale for a total

    consideration of Rs.4 crores and the same is with regard to

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    execution of notarized Banakhat dated 16.09.2021. It is the

    case of the applicant that he has transferred Rs.3,62,00,000/-

    by way of cash, cheque and transfer of valuable immovable

    properties. It has been stated in the FIR that the possession

    of the property is not being handed over to the applicant

    and the Civil Suit for cancellation of sale deed is also filed.

    The learned Sessions Judge, while granting bail, has observed

    that the entire dispute is of a civil nature and has been

    given colour of criminal nature.

    Moreover, it is not the case of the present

    applicant-original complainant that the respondent-accused

    has, at any point of time, tampered with the evidence,

    attempted to influence or intimidate witnesses, obstructed the

    course of justice, or committed breach of any of the
    conditions imposed while granting bail. In the absence of any

    such supervening circumstance or material demonstrating

    misuse of liberty by the respondent-accused, the present

    application seeking cancellation of bail appears to have been

    filed merely on the basis of conjectures and apprehensions,

    which cannot constitute a valid ground for cancellation of bail

    in law.

    4.2 It is well settled that the parameters governing

    rejection of a bail application at the initial stage and

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    cancellation of bail already granted by a competent

    Court/authority are distinct and operate in different spheres.

    Once bail has been granted, its cancellation can be justified

    only upon the existence of cogent and overwhelming

    circumstances, such as misuse of liberty by the accused or

    the emergence of supervening circumstances warranting such

    cancellation.

    4.3 Furthermore, it is not even the case of the applicant or

    the State that the respondent-accused has misused the

    liberty granted by the authority, breached any of the

    conditions imposed, tampered with evidence, influenced

    witnesses, or otherwise acted in a manner prejudicial to the

    fair conduct of the proceedings. In the absence of any such

    material, no case is made out for cancellation of the bail
    granted by the competent Court.

    4.4 In the case of P. Vs. State of Madhya Pradesh &

    Anr., reported in (2022) SCC Online SC 552, the Hon’ble
    Supreme Court has enumerated the circumstances, when bail

    could be canceled and one of the conditions stated therein is

    the misuse of the liberty granted to the accused concerned by

    the Court by involving himself in a subsequent crime.

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    4.5 Further, it would be fruitful to refer to the

    decision of the Hon’ble Apex Court in the case of Ajwar Vs.

    Waseem reported in 2024 INSC 438, wherein the Hon’ble
    Apex Court has observed that the same Court which granted

    bail to an accused can cancel the bail if there are serious

    allegations against him, even if the accused has not misused

    the bail. If there are serious allegations against the accused,

    even if he has not misused the bail granted to him, such an

    order can be canceled. However, once bail is granted, it

    ought not to be canceled in a mechanical manner. An

    unreasonable or perverse order of bail may invite interference

    by the Apex Court. Personal liberty is one of the cherished

    Constitutional freedoms, and once bail is granted during the

    pendency of the trial, it must only be retracted in the face

    of grave circumstances. The Hon’ble Supreme Court in the
    said decision
    , in paragraphs 27 and 28, has observed as

    under :

    “27. The considerations that weigh with
    the appellate Court for setting aside the
    bail order on an application being moved
    by the aggrieved party include any
    supervening circumstances that may have
    occurred after granting relief to the
    accused, the conduct of the accused while
    on bail, any attempt on the part of the

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    accused to procrastinate, resulting in
    delaying the trial, any instance of threats
    being extended to the witnesses while on
    bail, any attempt on the part of the
    accused to tamper with the evidence in any
    manner. We may add that this list is only
    illustrative and not exhaustive. However,
    the court must be cautious that at the
    stage of granting bail, only a prima facie
    case needs to be examined and detailed
    reasons relating to the merits of the case
    that may cause prejudice to the accused,
    ought to be avoided. Suffice it is to state
    that the bail order should reveal the
    factors that have been considered by the
    Court for granting relief to the accused.

    28. In Jagjeet Singh (supra), a three-
    Judges bench of this Court, has observed
    that the power to grant bail under Section
    439
    Cr.P.C is of wide amplitude and the
    High Court or a Sessions Court, as the
    case may be, is bestowed with considerable
    discretion while deciding an [2024] 5 S.C.R.
    593 Ajwar v. Waseem and Another
    application for bail. But this discretion is
    not unfettered. The order passed must

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    reflect due application of judicial mind
    following well established principles of law.
    In ordinary course, courts would be slow to
    interfere with the order where bail has
    been granted by the courts below. But if it
    is found that such an order is illegal or
    perverse or based upon utterly irrelevant
    material, the appellate Court would be well
    within its power to set aside and cancel
    the bail.”

    4.6 In the case of Gurcharan Singh and others Vs.

    State (Delhi Administration), reported in (1978) 1 SCC 118,
    the Hon’ble Supreme Court had an occasion to observe that

    the concept of setting aside the unjustified, illegal or perverse

    order is totally different from the concept of canceling the

    bail on the ground that the accused has misconducted himself
    or because of some new facts are requiring such cancellation.

    In Paragraph No.16, the Hon’ble Supreme Court has observed

    as under :

    “16. Section 439 of the new Code confers
    special powers on High Court or Court of
    Session regarding bail. This was also the
    position under Section 498 CrPC of the old
    Code. That is to say, even if a Magistrate
    refuses to grant bail to an accused person,

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    the High Court or the Court of Session
    may order for grant of bail in appropriate
    cases. Similarly under Section 439(2) of the
    new Code, the High Court or the Court of
    Session may direct any person who has
    been released on bail to be arrested and
    committed to custody. In the old Code,
    Section 498(2) was worded in somewhat
    different language when it said that a
    High Court or Court of Session may cause
    any person who has been admitted to bail
    under sub-section (1) to be arrested and
    may commit him to custody. In other
    words, under Section 498(2) of the old
    Code, a person who had been admitted to
    bail by the High Court could be committed
    to custody only by the High Court.
    Similarly, if a person was admitted to bail
    by a Court of Session, it was only the
    Court of Session that could commit him to
    custody. This restriction upon the power of
    entertainment of an application for
    committing a person, already admitted to
    bail, to custody, is lifted in the new Code
    under Section 439(2). Under Section 439(2)
    of the new Code a High Court may commit
    a person released on bail under Chapter

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    XXXIII by any Court including the Court
    of Session to custody, if it thinks
    appropriate to do so. It must, however, be
    made clear that a Court of Session cannot
    cancel a bail which has already been
    granted by the High Court unless new
    circumstances arise during the progress of
    the trial after an accused person has been
    admitted to bail by the High Court. If,
    however, a Court of Session had admitted
    an accused person to bail, the State has
    two options. It may move the Sessions
    Judge if certain new circumstances have
    arisen which were not earlier known to the
    State and necessarily, therefore, to that
    Court. The State may as well approach the
    High Court being the superior Court under
    Section 439(2) to commit the accused to
    custody. When, however, the State is
    aggrieved by the order of the Sessions
    Judge granting bail and there are no new
    circumstances that have cropped up except
    those already existed, it is futile for the
    State to move the Sessions Judge again
    and it is competent in law to move the
    High Court for cancellation of the bail.
    This position follows from the subordinate

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    position of the Court of Session vis-a-vis
    the High Court.”

    4.7 The aforesaid observations made by the Hon’ble

    Supreme Court has been reiterated by the Hon’ble Supreme

    Court in the case of Puran Vs. Rambilas & Anr., reported in

    (2001) 6 SCC 338 as well as in case of Abdul Basit alias
    Raju & Ors. Vs. Mohd. Abdul Kadir Cahudhary & Anr.,
    reported in (2014) 10 SCC 754.

    4.9 In the case of Ranjit Singh Vs. State of M.P. ,

    reported in (2013) 16 SCC 797, the Hon’ble Supreme Court

    has held as under in Para-19 :

    “19. It needs no special emphasis to state
    that there is distinction between the
    parameters for grant of bail and
    cancellation of bail. There is also a
    distinction between the concept of setting
    aside an unjustified, illegal or perverse
    order and cancellation of an order of bail
    on the ground that the accused has
    misconducted himself or certain supervening
    circumstances warrant such cancellation. If
    the order granting bail is a perverse one
    or passed on irrelevant materials, it can be

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    annulled by the superior court. We have
    already referred to various paragraphs of
    the order passed by the High Court. We
    have already held that the learned trial
    Judge has undefined misconstrued the order
    passed by the High Court. However, we
    may hasten to add that the learned Single
    Judge has taken note of certain
    supervening circumstances to cancel the
    bail, but we are of the opinion that in the
    obtaining factual matrix the said exercise
    was not necessary as the grant of bail was
    absolutely illegal and unjustified as the
    court below had enlarged the accused on
    bail on the strength of the order passed in
    Ranjeet Singh v. State of M.P. [Ranjeet
    Singh
    v. State of M.P., MCRC No. 701 of
    2013, order dated 1- 2-2013 (MP)]
    remaining oblivious of the parameters for
    grant of bail under Section 439 CrPC. It is
    well settled in law that grant of bail
    though involves exercise of discretionary
    power of the court, yet the said exercise
    has to be made in a judicious manner and
    not as a matter of course.”

    4.8 At this juncture, the observations made by the

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    Hon’ble Supreme Court in case of Dolat Ram & Ors. Vs.

    State of Haryana, reported in 1995(1) SCC 349, is required
    to be recollected. It was observed therein that very cogent

    and overwhelming circumstances are necessary for an order

    directing the cancellation of the bail already granted. The

    grounds for cancellation of bail though are broad, but

    illustrative and not exhaustive; are interference or attempt to

    interfere with the due course of administration of justice or

    evasion or attempt to evade the due course of justice or

    abuse of the concession granted to the accused in any

    manner. The Court should satisfy for availability of the

    grounds for satisfying of the bail or cancellation of the bail

    and one of the possibility is accused being absconded. The

    bail once granted, should not in a mechanical manner, cancel

    the bail, without any grounds or supervening circumstances,
    which affects the very principle of fair trial.

    4.9 Furthermore, it is a settled principle of law that

    while considering matters relating to bail, the Court should

    refrain from undertaking a detailed appreciation of the

    evidence on record, as any such observation may prejudice

    the case of either side at the stage of trial. Therefore, in the

    facts and circumstances of the present case, no ground is

    made out to interfere with the order granting bail.

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    5. Thus, in view of the aforesaid facts and

    circumstances, this Court is of the considered opinion that

    the applicant has failed to make out any case warranting

    interference with the impugned order granting bail in favour

    of the respondent-accused. No sufficient grounds, reasons, or

    supervening circumstances have been brought on record so as

    to justify cancellation of bail.

    6. In view of the above, this application deserves to

    be dismissed and is accordingly, dismissed. Rule is

    discharged.

    (SANJEEV J.THAKER,J)
    SRILATHA

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