Gujarat High Court
Virendra Shankarlal Muleva vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9977 of 2026
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VIRENDRA SHANKARLAL MULEVA
Versus
STATE OF GUJARAT
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Appearance:
MR RISHABH R JAIN(12326) for the Applicant(s) No. 1
MS.JYOTI BHATT, 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. 11189010240007 of 2024 registered with Cyber Crime Police Station, Morbi, Page 1 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:55 IST 2026 NEUTRAL CITATION R/CR.MA/9977/2026 ORDER DATED: 29/04/2026 undefined for the offence punishable under Sections 316(2), 316(5), 318(4), 319(2), 111(2)(b) and 61 of the BNS, 2023 read with Section 66(d) of the Information Technology 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 it will take long time for the charge-sheet to be filed, hence no useful purpose would be served by keeping the applicant in jail till then. 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. Learned advocate for the applicant submitted that though the applicant is a permanent resident of District:Jhabua, Madhya Pradesh, he would be available at the time of trial.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected to the grant of regular bail. Learned Page 2 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:55 IST 2026 NEUTRAL CITATION R/CR.MA/9977/2026 ORDER DATED: 29/04/2026 undefined APP has submitted that looking to the nature of offence and the role attributed to the present applicant as the charge-sheet is yet to be filed, this Court may not exercise the 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 permanent resident of District:Jhabua, Madhya Pradesh, but he would be available at the time of trial;
ii. The applicant does not have any criminal antecedents.
iii. As per the prosecution case, the applicant and the other co-accused were luring investors by providing them facebook link in the name of Astha Investors 714, whereby, promising them high returns, they were Page 3 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:55 IST 2026 NEUTRAL CITATION R/CR.MA/9977/2026 ORDER DATED: 29/04/2026 undefined made to invest huge amounts.
iv. As per the prosecution case, the amount of Rs.70,000/- was deposited in the bank account of the applicant with Bandhan Bank, which was towards the investments made by investors, for which, he has received commission of Rs.11,000/-. v. Learned APP Ms.Jyoti Bhatt has submitted that the said amount of Rs.70,000/- has been recovered from the applicant, and so also, the investigating Officer having mentioned the said fact in his affidavit in the bail application, before the concerned Sessions Court. 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 Page 4 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:55 IST 2026 NEUTRAL CITATION R/CR.MA/9977/2026 ORDER DATED: 29/04/2026 undefined 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.
8. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11189010240007 of 2024 registered with Cyber Crime Police Station, Morbi, 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 Page 5 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:55 IST 2026 NEUTRAL CITATION R/CR.MA/9977/2026 ORDER DATED: 29/04/2026 undefined prosecution;
[c] surrender his passport, if any, to the trial court within a week and if he does not have 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 his present address of residence to the I.O. and the Court along with documentary proof at the time of execution of the bond and shall not change his residence without prior intimation to the IO and the Court;
[f] mark his presence on every alternate day for a period of one month and thereafter on every Sunday till the trial is over before the concerned police station; [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 Sessions Court concerned will be at liberty to take appropriate action in accordance with law. Page 6 of 7 Uploaded by ANKIT SHAH(HC01063) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:29:55 IST 2026
NEUTRAL CITATION R/CR.MA/9977/2026 ORDER DATED: 29/04/2026 undefined
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 be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released 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 22:29:55 IST 2026