[Cites 2, Cited by 0]
Gujarat High Court
Pratik S/O Jiteshbhai Kubavat vs State Of Gujarat on 8 April, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/7756/2026 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 7756 of 2026
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PRATIK S/O JITESHBHAI KUBAVAT
Versus
STATE OF GUJARAT
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Appearance:
ROSHANKUMAR S PARMAR(9538) for the Applicant(s) No. 1
MR Trupesh Kathiriya, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Krishan Sharma for learned
advocate Mr. R.S. Parmar appearing on behalf of the applicant and
learned Additional Public Prosecutor Mr. Trupesh Kathiriya,
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
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R/CR.MA/7756/2026 ORDER DATED: 08/04/2026
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applicant on Regular Bail in connection with FIR being C.R. No.
11189004252335 of 2025 registered with Morbi City 'B' Division
Police Station, Morbi, for the offence punishable under Section
316(5), 318(4), 61(2), 54, 317(2) of the B.N.S. 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 charge-sheet is filed, 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.
7. 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
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R/CR.MA/7756/2026 ORDER DATED: 08/04/2026
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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 allegation being that the accused had indulged in the
offence of money laundering through the medium of mule
accounts.
ii. The allegation against the present applicant being that he
had provided bank account of his cousin brother and had also
given his own bank account and whereas, it would appear
that the total amount which had come to these accounts was
around Rs. 5,88,000/-, which were proceeds of cyber crime.
iii. Considering the fact that the amount is comparatively
nominal, and also having regard to the fact that in all 13
complaints, more particularly, the account of the present
applicant having 6 complaints and also considering the fact
that the applicant is in custody since 12.12.2025 and the
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R/CR.MA/7756/2026 ORDER DATED: 08/04/2026
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charge-sheet having been filed and the applicant having only
one antecedent that too under Section 188 of the IPC, this
Court is inclined to consider this application albeit with
appropriate safeguards.
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 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 F.I.R. registered
as C.R. No. 11189004252335 of 2025 registered with Morbi City 'B'
Division Police Station, Morbi, on executing a bond of Rs.25,000/-
(Rupees Twenty Five Thousand only) with one surety of the like
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amount to the satisfaction of the trial Court and subject to the
conditions that she 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 lower court within a week;
[d] not leave the State of Gujarat and the State of Rajasthan
without prior permission of the Trial Court concerned;
[e] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
the residence without prior intimation to the I.O.;
[f] to mark his presence once a fortnight for a period of six months
and once a month for a period of six months thereafter, before the
concerned police station;
9. The Authorities will release the applicant only if she 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 free to take appropriate action in the
matter.
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10. 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. At the stage of trial, the trial 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.
(NIKHIL S. KARIEL,J)
PD
