Authority: High Court of Gujarat at Ahmedabad

Order Date: 03/11/2026

Case Overview

  • Applicant: Madahiyan Murugan K.M., also referred to as Ramesh and Rahul, owner of Shivam Traders and alleged proprietor of Vinayaga Traders.
  • Respondent: State of Gujarat.
  • Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail after charge‑sheet.
  • FIR details: C.R.No.11210054260639 of 2026, registered at Sachin Police Station, Surat City, charging offences under Sections 316(5), 54 and 61(2) of BNSS 2023.
  • Background: Goods allegedly supplied to Shivam Traders, which in turn supplied to Sky Traders; applicant claims no receipt of goods. Investigation concluded and charge‑sheet filed; no goods to be recovered. Co‑accused Govindraj Sokkan@Rajesh (also identified as Ramesh Sagadev) already released on bail.
  • Arguments: Applicant’s counsel argued identity confusion, innocence, and that the nature of the commercial transaction does not warrant continued detention. State counsel opposed, citing seriousness of offence and flight risk.
  • Court considered standard bail factors: nature of accusation, severity of punishment, risk of witness tampering, likelihood of abscondence, character of accused, and public interest.
  • Precedents cited: Sanjay Chandra vs. Central Bureau of Investigation [2012] 1 SCC 40 and Gudikanti Narasimhulu And Ors. vs. Public Prosecutor (1978) 1 SCC 240.

Final Outcome

  • The Court allowed the bail application.
  • Applicant ordered to execute a personal bond of Rs.25,000 (Twenty‑five Thousand Rupees) with one local surety, to the satisfaction of the trial Court.
  • Conditions imposed:

(a) No misuse of liberty;

(b) No obstruction of police investigation or tampering with evidence;

(c) Surrender passport, if any, to the Trial Court within one week;

(d) Not leave India without prior permission of the Trial Court;

(e) Appear before the concerned Police Station once a month for six months between 11:00 a.m. and 2:00 p.m.;

(f) Furnish Aadhaar card, email ID and present residential address to the Investigating Officer and the Court at bond execution, and not change residence/contact without Court permission;

(g) Not indulge in any illegal activity, failing which the trial Court may issue a warrant and cancel bail.

  • Bail to be executed before the lower Court having jurisdiction to try the case; the trial Court may modify or relax conditions as per law.
  • If the applicant is required in connection with any other offence, bail will not be released. Breach of conditions may lead to warrant issuance by the Sessions Judge.
  • The trial Court shall not be influenced by the preliminary observations made by this Court regarding evidence.

Topics: Criminal Bail, Commercial Transaction Dispute