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Gujarat High Court
Gaurav Bharatbhai Malviya vs State Of Gujarat on 9 April, 2026
NEUTRAL CITATION
R/CR.MA/8193/2026 ORDER DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8193 of 2026
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GAURAV BHARATBHAI MALVIYA
Versus
STATE OF GUJARAT
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Appearance:
MR SAGAR D VAGHASIYA(13308) 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 : 09/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned Additional Public Prosecutor
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 2025 registered
with Cyber Crime Police Station, Surat City, for the offence
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R/CR.MA/8193/2026 ORDER DATED: 09/04/2026
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punishable under Sections 318(4), 336(2), 338, 336(3),
340(2), 61(2) and 3(5) of the BNS and Section 66(C) and
66(D) of the Information Technology 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
submits that the applicant will remain within the State of
Gujarat during the trial.
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
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R/CR.MA/8193/2026 ORDER DATED: 09/04/2026
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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 is a permanent resident of Surat City,
hence would be available at the time of trial.
ii. The investigation being over, charge-sheet has been
filed before the concerned competent Court.
iii. The applicant was an employee in the office of co-
accused Abhishek Ashokkumar.
iv. The applicant's role is as regards he having sent
details of five credit cards on whasapp of co-accused
Gautam.
v. The apprehension of the learned APP as regards the
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R/CR.MA/8193/2026 ORDER DATED: 09/04/2026
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applicant after being released on bail would once again
indulge in similar or such offenses can be put to rest by
imposing stringent conditions.
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 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.
8. Hence, the present application is allowed. The
applicant is ordered to be released on bail in connection
with FIR being C.R. No.11210062250085 of 2025
registered with Cyber Crime Police Station, Surat City, on
executing a bail bond of Rs.25,000/- (Rupees Twenty Five
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R/CR.MA/8193/2026 ORDER DATED: 09/04/2026
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Thousand only) with one local 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;
[c] surrender passport, if any, to the lower 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 Sessions Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of the
bond along with documentary proof and shall not
change his residence without prior intimation to the I.O.
and the court;
[f] mark presence on every Sunday before the concerned
police station till the trial is over.
NEUTRAL CITATION
R/CR.MA/8193/2026 ORDER DATED: 09/04/2026
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9. 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 Court concerned will be at liberty to take
appropriate action in accordance with law.
10. Bail bond to be executed before the competent 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 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.
12. The application is allowed in the aforesaid terms. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH
