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Gujarat High Court
Prakash Purushottam Chopade vs State Of Gujarat on 8 April, 2026
NEUTRAL CITATION
R/CR.MA/2020/2026 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 2020
of 2026
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PRAKASH PURUSHOTTAM CHOPADE & ANR.
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1,2
CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 08/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Maulik M. Soni for the
applicants and learned APP Mr. Chintan Dave for the
respondent-State.
2. Learned advocate for the applicants submits that the
applicants are engaged in the business of sewing work and,
with a view to expanding their business, intended to obtain a
loan of Rs. 10 lakh. For this purpose, they contacted loan
agents namely Rakshit Hirpara and Harsh Hirpara and
handed over the necessary documents to them. It is submitted
that the said agents visited two to three banks along with the
applicants; however, thereafter, the agents allegedly misused
the documents without the consent of the applicants and
opened 7 to 8 bank accounts. The applicants were later
informed that the loan was not sanctioned. According to the
applicants, their documents were misused and they have been
cheated, and therefore they themselves intended to lodge a
NEUTRAL CITATION
R/CR.MA/2020/2026 ORDER DATED: 08/04/2026
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complaint. It is further submitted that the Cyber Crime Cell,
Gandhinagar, has issued a communication calling upon the
applicants to remain present, and hence they apprehend
arrest. It is argued that the police have not followed the
guidelines laid down by the Hon'ble Supreme Court in Arnesh
Kumar vs. State of Bihar and are misusing their powers. The
applicants claim innocence and submit that they have been
falsely implicated without having committed any offence. It is
further contended that, in the event of arrest, the entire family
would be ruined. The applicants undertake to cooperate with
the investigation and, therefore, it is prayed that anticipatory
bail be granted.
3. Per contra, learned APP Mr. Chintan Dave submits that
despite issuance of notice, the applicants have not cooperated
with the investigation. It is pointed out that a bank account in
the name of Zapeert Fabric Pvt. Ltd. has been opened, which
fact is not denied by the applicants. The mobile numbers of
the applicants are reflected in the bank account opening
forms. Further, the Permanent Account Number (PAN) of
Zapeert Fabric Pvt. Ltd., as well as incorporation details, are
in the name of the applicants, who are shown as directors. It
is submitted that the applicants themselves issued a letter to
the Branch Manager for enhancement of the transaction limit
up to Rs. 2 crore. The current account was provided with
facilities such as a welcome kit, business credit card, mobile
and net banking, and cheque book, and a board resolution
signed by the applicants was submitted at the time of opening
the account. It is further submitted that an amount of Rs.
NEUTRAL CITATION
R/CR.MA/2020/2026 ORDER DATED: 08/04/2026
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1,10,58,120/- has been credited and Rs. 1,08,80,115/- has
been debited from the said account, for which the presence of
the applicants is necessary for investigation. It is also pointed
out that the said account is linked with 19 cyber fraud
complaints and is suspected to be a mule account used for
routing fraudulent transactions. Hence, it is urged that the
application be rejected.
4. Heard learned advocates for the respective parties and
perused the material on record.
5. It transpires from the investigation carried out thus far
that a substantial amount of approximately Rs. 1.10 crore has
been credited in the account opened in the name of Zapeert
Fabric Pvt. Ltd., and an amount of Rs. 1,08,80,115/- has been
debited to various accounts. The mobile numbers linked with
the said current account are those of the present applicants.
The applicants have also signed documents for enhancement
of the transaction limit up to Rs. 2 crore. The PAN and
incorporation documents of Zapeert Fabric Pvt. Ltd. reflect the
applicants as directors, and the board resolution submitted at
the time of opening the account also bears their signatures.
The account in question, opened with City Union Bank, Surat,
is further linked with 19 cyber crime complaints reflected on
the Central Government portal.
6. Though no FIR is registered, an application bearing No.
N.P. 407/2025 has been lodged before the Cyber Crime Cell,
NEUTRAL CITATION
R/CR.MA/2020/2026 ORDER DATED: 08/04/2026
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Sector-27, Gandhinagar, by one Mukeshbhai Patel alleging
cyber fraud of Rs. 1,73,961/-, and during the course of
investigation, the amount is found to have been transferred to
the aforesaid account. Cyber offences, particularly involving
financial frauds, have serious implications on the economy
and public trust in financial systems and are required to be
dealt with stringently, as observed by the Hon'ble Supreme
Court in various decisions.
7. Considering the nature and gravity of the allegations, the
material collected during investigation, and the requirement of
custodial interrogation, this Court is not inclined to exercise
discretion in favour of the applicants.
8. Hence, the present application stands rejected.
(P. M. RAVAL, J)
MOHD SAIF ULLAH
