Gujarat High Court
Sagar Ashokbhai Shen (Sagar Ashok Shen) vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9448/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9448 of 2026
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SAGAR ASHOKBHAI SHEN (SAGAR ASHOK SHEN)
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 23/04/2026
ORAL ORDER
1. Heard learned advocate Mr. P. P. Majmudar appearing on behalf of the applicant and learned Additional Public Prosecutor Mr. Soaham Joshi 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 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 Page 1 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:12 IST 2026 NEUTRAL CITATION R/CR.MA/9448/2026 ORDER DATED: 23/04/2026 undefined registered with CID Cybercrime Police Station, Gandhinagar for the offences punishable under Sections 318(4), 317(2), 61(2), 336(2), 336(3), 338 and 340(2) of the BNS and Section 66(d) of the I.T. 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 no useful purpose would be served by keeping the applicant in jail for indefinite period. It is further contended 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 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 the discretion in favour of the applicant and the Page 2 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:12 IST 2026 NEUTRAL CITATION R/CR.MA/9448/2026 ORDER DATED: 23/04/2026 undefined 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 permanent resident of Surat, hence would be available at the time of trial. ii. The applicant being in custody since 29.11.2025 and the chargesheet having been laid by the Investigating Officer and the applicant not having any antecedents; iii. The role of the present applicant is akin to the accused No.11 Kamlesh Ashokbhai Shen, who has been granted regular bail by this Court vide order passed in Criminal Misc. Application No.1785 of 2026 on 09.03.2026.
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.
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NEUTRAL CITATION R/CR.MA/9448/2026 ORDER DATED: 23/04/2026 undefined
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 present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. C.R. No. 11201018250032 of 2025 registered with CID Cybercrime Police Station, Gandhinagar, on executing a 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; Page 4 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:12 IST 2026
NEUTRAL CITATION R/CR.MA/9448/2026 ORDER DATED: 23/04/2026 undefined [d] not leave the State of Gujarat without prior permission of the Competent 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 and shall not change his residence without prior intimation to the I.O. and the court; [f] mark his presence on once a week before the concerned police station till the trial is over; [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. Page 5 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:12 IST 2026
NEUTRAL CITATION R/CR.MA/9448/2026 ORDER DATED: 23/04/2026 undefined
12. At the stage of trial, the competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail.
13. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) MAYA Page 6 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Thu Apr 23 2026 Downloaded on : Thu Apr 23 22:50:12 IST 2026