Gujarat High Court
Ashwinbhai Narsinhbhai Gangani vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/9336/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9336 of 2026
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ASHWINBHAI NARSINHBHAI GANGANI
Versus
STATE OF GUJARAT
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Appearance:
MR GAURAV S THUMMAR(13022) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/05/2026
ORAL ORDER
1. Heard learned advocate Mr. Gaurav S. Thummar appearing on behalf of the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri 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. 11210062250085 of Page 1 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue May 12 2026 Downloaded on : Wed May 13 00:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/9336/2026 ORDER DATED: 12/05/2026 undefined 2025 registered with Cyber Crime Police Station, Surat for the offences punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 61(2) and 3(5) of the BNS, 2023 and Section 66-C and 66-D of the Information Technology (Amendment) Act, 2008.
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. Learned advocate upon instructions has submitted that, the applicant shall not leave the State of Gujarat, till the completion of the trial. Learned advocate has further submitted that, the original complainant has filed an affidavit wherein, it is mentioned that, the dispute has been resolved and he had received his money. Page 2 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue May 12 2026 Downloaded on : Wed May 13 00:07:48 IST 2026
NEUTRAL CITATION R/CR.MA/9336/2026 ORDER DATED: 12/05/2026 undefined
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.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The applicant though is a permanent resident of State of Jarkhand, would be available at the time of trial;
ii. The original complainant Shitala Prasad Dharm Raj Singh is present before the court and he has affirmed the contents of the affidavit, wherein, it is mentioned that, dispute between the parties has been resolved and he has received the money from the applicant. iii. The apprehension of the learned APP that, the Page 3 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue May 12 2026 Downloaded on : Wed May 13 00:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/9336/2026 ORDER DATED: 12/05/2026 undefined applicant would once again indulge in similar or such offence, can be put to rest by imposing stringent conditions.
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. 11210062250085 of 2025 with Cyber Crime Police Station, Surat, 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;
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NEUTRAL CITATION R/CR.MA/9336/2026 ORDER DATED: 12/05/2026 undefined [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 and shall not change his residence without prior intimation to the I.O. and the court;
[f] mark his presence once every week before the concerned police station till the completion of the trial; [g] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit 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 Page 5 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue May 12 2026 Downloaded on : Wed May 13 00:07:48 IST 2026 NEUTRAL CITATION R/CR.MA/9336/2026 ORDER DATED: 12/05/2026 undefined 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 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) MAYA Page 6 of 6 Uploaded by MAYA S. CHAUHAN(HC01402) on Tue May 12 2026 Downloaded on : Wed May 13 00:07:48 IST 2026