Case Study

Bail Granted in Counterfeit Foreign Currency Case — Successive Application Allowed

Case No. R/CR.MA 22239 of 2025 Court Gujarat High Court, Ahmedabad Date 16 October 2025 Bench Hon. Justice M. R. Mengdey FIR No. C.R. No.11191011240309 of 2024, DCB PS, Ahmedabad
Bail Application Allowed — Regular Bail Granted

The applicant, Ronak @ Meet Chetanbhai Dhirajlal Rathod, was arrested on 28 November 2024 in connection with an FIR registered at DCB Police Station, Ahmedabad City, alleging his involvement in the counterfeiting of Australian currency notes. The prosecution alleged that the applicant had procured the design format of Australian currency from Australia, on the basis of which counterfeit currency notes were prepared along with co-accused persons.

An earlier bail application (CRMA No. 4839 of 2025) had been withdrawn before the Gujarat High Court vide order dated 17.03.2025. The present successive bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The learned APP vehemently opposed the application, contending that the applicant had played a key and distinct role — specifically procuring the currency design format from Australia — which was different from the roles of other co-accused who had been granted bail. The State urged that the principle of parity could not apply to the present applicant given this specific attribution, and sought dismissal of the application given the gravity of the offence.

The Court considered the three primary factors settled by the Supreme Court for bail: prima facie case, availability of the accused at trial, and risk of tampering with witnesses. The Court noted that the investigation was complete, the chargesheet had been filed, the applicant had been in custody since 28.11.2024, and that a co-accused had been considered for bail by this Court vide order dated 08.10.2025.

The Court placed reliance on Sanjay Chandra v. C.B.I., (2012) 1 SCC 40, reaffirming that bail is the rule and jail is the exception, and that the purpose of bail is to secure the accused’s presence at trial — not to punish before conviction.

The application was allowed. The applicant was ordered to be released on bail on executing a personal bond of Rs. 10,000/- with one surety of the like amount, subject to the following conditions:

  • Shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, or tamper with evidence.
  • Shall maintain law and order and not indulge in any criminal activities.
  • Shall furnish documentary proof of complete and correct residential address to the Investigating Officer and Trial Court, and shall not change residence without prior permission of the Trial Court.
  • Shall provide contact numbers of self and sureties before the Trial Court, and inform in writing immediately upon any change.
  • Shall mark presence before the concerned Police Station once a month for six months, between 11:00 a.m. and 2:00 p.m.
  • Shall file an affidavit stating details of immovable properties (self-acquired or ancestral) with description, location and present value, before the Trial Court.
  • Shall not leave India without prior permission of the Trial Court.
  • Shall surrender passport, if any, to the Trial Court within one week. If no passport, shall file an affidavit to that effect.
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