Bail Granted Due to Lack of Evidence Linking Applicant to Financial Misconduct
In a significant development, the Gujarat High Court has granted regular bail to Ankitkumar Ramchandra Padhiyar, who was accused of facilitating illegal activities through fictitious firms. The bail was granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the court found no direct evidence linking Padhiyar to the alleged financial misconduct.
The case revolves around the creation of fictitious firms purportedly used for illegal transactions, including money laundering linked to cricket betting activities. Padhiyar, who worked as an employee for co-accused Vipul Patel and Gaurang Darji, was accused of securing GST numbers and registering Udhyam Certificates for these firms. However, the court noted that no money trail was found in Padhiyar's account, nor was any substantial role attributed to him in the illegal activities.
Justice Hasmukh D. Suthar, presiding over the case, emphasized the principle that bail is a rule and jail is an exception, particularly in cases where personal liberty under Article 21 of the Constitution of India is at stake. The court referenced precedents such as the Supreme Court judgments in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor to support the decision.
Despite opposition from the Assistant Public Prosecutor, who argued that Padhiyar's involvement in the offences was significant and that his release could lead to evidence tampering, the court considered several factors in its decision to grant bail. These included the completion of the investigation, the filing of the charge sheet, the absence of past criminal antecedents, and the applicant's prolonged detention since March 2026.
The court ordered Padhiyar's release on a personal bond of Rs. 25,000, with conditions ensuring he does not misuse his liberty or tamper with evidence. These conditions include surrendering his passport, marking presence at the local police station monthly, and not leaving Gujarat without court permission.
This judgment underscores the judiciary's commitment to upholding personal liberty while balancing the need for justice and due process. The case will continue to unfold as the trial progresses, with Padhiyar's release marking a notable turn in the ongoing legal proceedings.
Bottom line:-
Bail - Regular bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Applicant accused of facilitating illegal activities through fictitious firms, but no direct money trail or substantial role attributed to him - Court considered factors like completion of investigation, absence of past antecedents, and the principle that bail is a rule and jail is an exception.
Statutory provision(s): Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 318(4), 336(4), 338, 340, 61 of BNS, 2023.
Ankitkumar Ramchandra Padhiyar (Mali) v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2937044
