Bail application allowed for Jaydip Rambhashi Ambaliya accused of cheque forgery. Court applied standard bail factors, noting bailable nature of offences and parity with co-accused.
Released on regular bail on Rs. 25,000 bond with one surety subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/21569/2026 (GJHC240700122026) ORDER DATED: 16/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21569 of 2026
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JAYDIP RAMESHBHAI AMBALIYA
Versus STATE OF GUJARAT
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Appearance:
MR KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/09/2026 ORDER
[2.0] The present application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11210069260108 of 2026 registered with Althan Police Station, Surat City for the offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.
[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be
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R/CR.MA/21569/2026 (GJHC240700122026) ORDER DATED: 16/09/2026
exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
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R/CR.MA/21569/2026 (GJHC240700122026) ORDER DATED: 16/09/2026
[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration .
[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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 application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11210069260108 of 2026 registered with Althan Police Station, Surat City on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with ONE SURETY of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;
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R/CR.MA/21569/2026 (GJHC240700122026) ORDER DATED: 16/09/2026
collected by the police;
[9.0] 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.
[10.0] 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/09/2026 14:29:01
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2 issues framed by the court
Whether bail be granted to the applicant for offences punishable under the Bharatiya Nyaya Sanhita, 2023 considering the nature of the charge.
Whether the applicant satisfies the bail criteria despite being an accused in connection with forged bank accounts.
Colour shows how this judgement treated each authority
Rameshbhai Batubhai Dhabi Vs. State of GujaratRelied on¶29
Rameshbhai Batubhai Dhabi Vs. State of Gujarat reported in 2011 (3) GLR 1999
Sanjay Chandra vs. Central Bureau of InvestigationReferred¶31
[2012]1 SCC 40 · Who else cites this
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra PradeshReferred¶31
(1978)1 SCC 240 · Who else cites this
1 provisions across 1 enactments
Jaydip Rambhashi Ambaliya
State of Gujarat
Hasmukh D. Suthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
