Gujarat High Court
Chiragkumar Mahipal Raval vs State Of Gujarat on 5 May, 2026
NEUTRAL CITATION
R/CR.MA/10511/2026 ORDER DATED: 05/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 10511 of 2026
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CHIRAGKUMAR MAHIPAL RAVAL
Versus
STATE OF GUJARAT
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Appearance:
MR M.NISAR VAIDHYA(3386) for the Applicant(s) No. 1
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MS MONALI H. BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/05/2026
ORDER
Leave to amend. Amendment be carried out forthwith.
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No.11209058260001 of 2026 registered with Cyber Crime Police Station, Sabarkantha, for the offence under Sections 61(2), 3(5), 318(2), 318(4), 319(2) and 317(4) of the Bharatiya Nyaya Sanhita and under Section 66-D of the Information Technology Amendment Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. The applicant is not named in the FIR even not figured out in the charge- sheet. During the course of investigation the applicant has been arraigned as accused. Substantial part of investigation is over. Remand period is over and nothing is required to be recovered or discovered at the instance of the accused. The applicant is in custody since 07.04.2026. On the basis of statement of the co-accused the applicant came to be arraigned in the present offence. The applicant has no past antecedents. He therefore submits that, considering the nature of the offence, the applicants may be Page 1 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue May 05 2026 Downloaded on : Tue May 05 22:39:50 IST 2026 NEUTRAL CITATION R/CR.MA/10511/2026 ORDER DATED: 05/05/2026 undefined enlarged on regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the investigation is still going on and during the investigation the applicant is arraigned as an accused. There are every possibility that if the applicant is released on bail then he will tamper with the evidence. Therefore, considering the conduct of the applicant, application does not deserve any consideration.
[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.
[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(1) The applicant is arraigned on the basis of statement of the co-
accused.
(2) Even if the peruse the affidavit of Dy.S.P more particularly in column 8 it is stated on oath that the applicant having knowledge of betting and indulged in gambling but no knowledge about bank fraud and cyber crime.
(3) The Investigation is almost over;
(4) Applicant is behind the bar since 04.04.2026;
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NEUTRAL CITATION
R/CR.MA/10511/2026 ORDER DATED: 05/05/2026
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(5) There is nothing to be recovered or discovered from the applicant;
(6) There is no possibility to conclude the trial in near future.
[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.
[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11209058260001 of 2026 registered with Cyber Crime Police Station, Sabarkantha on executing a personal 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not to leave State of Gujarat without prior permission of the
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NEUTRAL CITATION
R/CR.MA/10511/2026 ORDER DATED: 05/05/2026
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Trial Court concerned;
(e) mark presence before the concerned Police Station once in a
week till filing of the chargesheet and after filing of the chargesheet, mark presence before the concerned police station once in a month for a period of six months;
(f) furnish the Aadhar card, email ID/present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/contact number without prior permission of Trial Court;
(g) if the applicant is found to be indulged in any illegal activities in future, the trial Court concerned will be free to issue warrant and cancel the bail granted to the applicant.
[9.0] 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.
[10.0] Bail bond to be executed before the lower 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.
[11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
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