Gujarat High Court
Rahulkumar Rajeshkumar Agrawal vs State Of Gujarat on 1 April, 2026
NEUTRAL CITATION
R/CR.MA/6058/2026 ORDER DATED: 01/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 6058 of 2026
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RAHULKUMAR RAJESHKUMAR AGARWAL
Versus
STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
MR. ROHAN N MAJMUDAR(14000) for the Applicant(s) No. 1
MR NIRAJ SHARMA, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 01/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The applicant has filed this application under Page 1 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:40:21 IST 2026 NEUTRAL CITATION R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 undefined Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11201018250032 of 2025 registered with CID Cyber Crime Police Station, Gandhinagar for the offence punishable under Sections 318(4), 317(2), 61(2), 336(2), 336(3), 338, 340(2) of BNS, 2023 and Section 66D of the IT Act.
4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. It is further submitted that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has Page 2 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:40:21 IST 2026 NEUTRAL CITATION R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 undefined vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant is a resident of Dahod, hence would be available at the time of trial;
ii. The applicant has one criminal antecedent which is registered at BruhnMumbai Cyber Police, North Zone. iii. Co-accused Kamlesh Ashokbhai Shen and Kishor Parmar have been enlarged on regular bail by this court vide orders dated 09.03.2026 and 25.03.2026 passed in Criminal Misc. Application Nos. 1785 and 6934 of 2026 respectively;
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NEUTRAL CITATION R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 undefined iv. The investigation is over and charge-sheet has been filed;
v. The applicant is not the beneficiary of the proceeds of crime;
7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.
9. Hence, the applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11201018250032 of 2025 registered with CID Cyber Page 4 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:40:21 IST 2026 NEUTRAL CITATION R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 undefined Crime Police Station, Gandhinagar on executing a bail 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; [a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect; [d] not leave the State of Gujarat without prior permission of the Trial Court concerned; [e] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond together with documentary proof and shall not change his residence without prior intimation to the I.O. and the court;
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NEUTRAL CITATION R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 undefined [f] mark his presence once a week before the concerned police station for two years; [g] not indulge in similar kind of offence hereinafter, for which, he shall file affidavits before the concerned court and the police station;
10. 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 Court concerned will be at liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial 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.
12. At the stage of trial, the competent court shall not be influenced by any observations of this Court which are of Page 6 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:40:21 IST 2026 NEUTRAL CITATION R/CR.MA/6058/2026 ORDER DATED: 01/04/2026 undefined preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) DIVYA Page 7 of 7 Uploaded by DIVYA PILLAI(HC00199) on Wed Apr 01 2026 Downloaded on : Thu Apr 02 00:40:21 IST 2026