Authority: High Court of Gujarat at Ahmedabad

Order Date: 18/08/2026

Case Overview

  • Parties: Applicant Kuldip Brijesh Sharma (Assistant Production Manager, Waaree Power Private Ltd) vs. State of Gujarat.
  • FIR: C.R. No.11200011261162 of 2026 registered at Valsad Rural Police Station, District Valsad.
  • Alleged offences: Sections 316(4) and 54 of the Bharatiya Nyay Sanhita, involving misappropriation of company funds transferred to the applicant’s wife, Monika, in collusion with other accused.
  • Evidence: Entire transaction based on documentary evidence.
  • Applicant’s background: No prior convictions; offences not punishable with life imprisonment.
  • Advocate for applicant (Mr. Alkesh N Shah) argued custodial interrogation unnecessary, applicant will cooperate and not flee.
  • Additional Public Prosecutor opposed bail, citing nature and gravity of offence.
  • Court considered factors: nature and gravity of accusation, antecedents, flight risk, and potential abuse of process, referencing Supreme Court precedents (Siddharam Satlingappa Mhetre v. State of Maharashtra, Gurubaksh Singh Sibbia, Sushila Aggarwal).

Final Outcome

  • Anticipatory bail granted.
  • Applicant to furnish a personal bond of Rs.10,000/- with one surety of equal amount.
  • Conditions imposed:

(a) Cooperate with investigation and be available for interrogation.

(b) Not induce, threaten, or promise any person to withhold information.

(c) Not obstruct or tamper with police investigation or evidence.

(d) Appear at the concerned Police Station on 25.08.2026 between 11.00 a.m. and 2.00 p.m.

(e) Furnish address to investigating officer and court; not change residence until final disposal.

(f) Not leave India without court permission; if holding a passport, deposit it before trial court within a week.

(g) Police may move the trial court under Section 483(2) of the BNSS for arrest if any condition is violated.

  • The trial court shall not be influenced by the observations made herein while considering the bail application.
  • The order does not limit police or investigative agency rights to investigate the charges.

Topics: Anticipatory Bail, Corporate Misappropriation, Judicial Order