Citation : 2025 Latest Caselaw 8450 Guj
Judgement Date : 28 November, 2025
NEUTRAL CITATION
R/CR.MA/24454/2025 ORDER DATED: 28/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 24454 of 2025
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UDAY OZA @ UDAY S/O. RAMESHBHAI BHAGVANBHAI PRAJAPATI
Versus
STATE OF GUJARAT
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Appearance:
MR. JAL S. UNWALA, SENIOR ADVOCATE with MR SAMIR B
GOGDA(11306) for the Applicant(s) No. 1
MR. H.K.PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 28/11/2025
ORAL ORDER
1. 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. 11201018240019 of 2024 registered with CID Cyber Crime Police Station, Gandhinagar for the offences punishable under Sections 409, 465, 468, 471 and 120B of the Indian Penal Code and Sections 21(3), 23, 25(1) of the Banning of Unregulated Deposit Scheme Act, 2019 and Section 66(c) and 66(d) of the I.T. Act.
2. Heard learned Senior Advocate for the Applicant and learned APP for the Respondent - State.
3. Learned Senior Advocate for the Applicant submits that the investigation of the offence is over and charge sheet is also filed. The only role attributed to the Applicant in commission of the offence in question is to the effect that the Applicant had obtained a kit of the bank account from the other co-accused and had transmitted it to the other co-accused. In addition to this, the Applicant is alleged to have transferred the money in the form of USDT to Dubai. However, except the statement of the other co-accused, there is no
NEUTRAL CITATION
R/CR.MA/24454/2025 ORDER DATED: 28/11/2025
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material available in this regard. There are as many as 18 accused in the FIR out of them only two accused have been arrested including the Petitioner, and therefore, there are no chances of the trial of the offence proceed in the near future. Learned Senior Advocate for the Applicant has further submitted that the Applicant has good reputation in the society and 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.
3.1 Learned Senior Advocate has placed reliance on the judgment of the Apex Court in case of P. Krishna Mohan Reddy v. The State of Andhra Pradesh, 2025 LiveLaw (SC) 598.
4. Per contra, learned APP has opposed the present application for grant of regular bail contending that the present Applicant had played a pivotal role in commission of the offence in question. The Applicant had not only transmitted the kit of the bank account but had also transferred money through USDT to the foreign countries and, necessary material in that regard in the form of WhatsApp Chats had also been recovered from the mobile phone of the Applicant. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the Applicant and the Application may be dismissed.
5. Heard learned Advocates for the parties and perused the record. As per the case of the prosecution, a cricket betting racket had been busted by the police authorities and the involvement of the present Applicant was found in the said offence. It is the case of the prosecution against the present Applicant that, for the purpose of managing money of cricket betting, the present Applicant had provided the kit of the bank account to the other co-accused, who was situated in Dubai, after obtaining the same from the other co-accused.
NEUTRAL CITATION
R/CR.MA/24454/2025 ORDER DATED: 28/11/2025
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Thereafter, the present Applicant had transmitted the money received in those bank accounts through USDT to the foreign country to the other co-accused.
6. As pointed out by the learned APP, necessary WhatsApp Chats in that connection have also been recovered. Thus, apart from the statement of co- accused, there is other material available on record, against the Applicant.
7. From the record, it also appears that, an amount of Rs.20,50,000/- in cash was recovered from the present Applicant which was believed to be the amount of commission, which was to be paid to the present Applicant and other co-accused. Thus, there is a strong prima facie case against the Applicant for commission of the offence in question.
8. Having regard to the aforesaid aspects, no case is made out. The Application is dismissed.
(M. R. MENGDEY,J) J.N.W / 7
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