Gujarat High Court
Mahendrabhai Bharatbhai Lakum vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/10029/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 10029 of 2026
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MAHENDRABHAI BHARATBHAI LAKUM
Versus
STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) 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 : 29/04/2026
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 Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11211050250789 of 2025 registered with Thangadh Police Station, Page 1 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:28:45 IST 2026 NEUTRAL CITATION R/CR.MA/10029/2026 ORDER DATED: 29/04/2026 undefined Surendranagar, for the offence punishable under Sections 318(4), 316(2), 317(2) and 317(4) of the BNS, 2023.
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 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 discretion in favour of the applicant and the application may be dismissed.
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NEUTRAL CITATION R/CR.MA/10029/2026 ORDER DATED: 29/04/2026 undefined
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 District:Surendranagar, hence, would be available at the time of trial.
ii. The applicant does not have any criminal antecedent.
iii. Investigation being over, charge-sheet has been filed.
iv. As per the prosecution case, the applicant had given his bank account with HDFC Bank to co-accused Vishal Dharamshibhai Parmar, wherein, an amount of Rs.9,80,000/- towards cyber fraud was deposited and thereafter the said amount was transferred by way of cheque/G-pay/RTGS to co-accused Brijeshbhai Shailesh Patni.
v. Neither from the charge-sheet nor from the affidavit of the I.O., it appears that the applicant has received Page 3 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:28:45 IST 2026 NEUTRAL CITATION R/CR.MA/10029/2026 ORDER DATED: 29/04/2026 undefined any commission or any other monetary consideration from the co-accused for giving his said bank account on rent for the deposit of cyber fraud amount. vi. The apprehension of the learned APP as regards the applicant if granted bail, he would once again indulge in such or similar offense, can be put to rest by imposing stringent conditions.
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.
7. 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. Page 4 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:28:45 IST 2026
NEUTRAL CITATION R/CR.MA/10029/2026 ORDER DATED: 29/04/2026 undefined
8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11211050250789 of 2025 registered with Thangadh Police Station, Surendranagar, on executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local 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 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 Court concerned;
[e] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of Page 5 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:28:45 IST 2026 NEUTRAL CITATION R/CR.MA/10029/2026 ORDER DATED: 29/04/2026 undefined the bond along with documentary proof and shall not change his residence without prior intimation to the I.O. and the court;
[f] mark presence on every Monday before the concerned police station till the trial is over. [g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station.
9. 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 Court concerned will be at liberty to take appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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.
11. At the stage of trial, the competent Court shall not Page 6 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:28:45 IST 2026 NEUTRAL CITATION R/CR.MA/10029/2026 ORDER DATED: 29/04/2026 undefined 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.
12. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) ANKIT SHAH Page 7 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:28:45 IST 2026