[Cites 2, Cited by 0]
Gujarat High Court
Jaykishan Banaram Singla vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.MA/3082/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 3082 of 2026
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JAYKISHAN BANARAM SINGLA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRIYAM P GANDHI(11075) for the Applicant(s) No. 1
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 17/04/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the
applicant and learned APP 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.
11189010250007 of 2025 registered with Cyber Crime Police
Station, Morbi City for the offence punishable under Sections
111(2)(b), 316(2), 316(5), 318(4), 319(2), 336(1), 336(3), 338,
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R/CR.MA/3082/2026 ORDER DATED: 17/04/2026
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340(2), 3(5), 61(2) of BNS, 2023 and 66(c) and 66(d) of IT Act.
4. Learned advocate for the applicant at the outset would
submit that, if the court is inclined to hear the present
application on merits considering the fact that investigation has
been completed and charge-sheet has been filed, he would not
press as regards the aspects of grounds of arrest not being
conveyed to the applicant at the time of his arrest, transit
remand not being sought by the I.O., and the concerned
Magistrate not having inquired from the applicant and the I.O. as
regards these aspects. It is 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 for the applicant upon instructions has
submitted that, the applicant though being a resident of New
Delhi, would remain within the geographical limits of State of
Gujarat, till the trial is over.
5. As against the same, learned Additional Public Prosecutor
appearing for the respondent - State has vehemently objected to
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R/CR.MA/3082/2026 ORDER DATED: 17/04/2026
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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 New
Delhi, he shall not leave the State of Gujarat, hence would be
available at the time of trial;
ii. The applicant does not have any criminal antecedents;
iii. The investigation is over and charge-sheet has been filed;
iv. As per the FIR, the applicant and his sons along with other
co-accused had cheated the original complainant to the tune
of Rs. 1,72,88,400/-;
v. As per the say of the investigation officer in his affidavit
which was filed before the learned Sessions Court in CRMA
No. 38/2026, the applicant had handed over his four credit
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cards to one Mr. Dhiraj, who is the friend of his two sons
namely, Mahesh and Paras, so as to bail them out of their
financial difficulties, if any, whereas, the said credit cards were
used for fraudulent money transfers;
vi. The allegations against the applicant in charge-sheets are
general in nature.
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 F.I.R. registered
as C.R. No. 11189010250007 of 2025 registered with Cyber Crime
Police Station, Morbi City, on executing a bail bond of Rs.25,000/-
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R/CR.MA/3082/2026 ORDER DATED: 17/04/2026
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(Rupees Twenty Five 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 geographical limits of State of Gujarat
without prior permission of the Sessions Court concerned;
[e] furnish the present address of his residence in Gujarat to
the I.O. and 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.
[g] not indulge in similar kind of offence hereinafter, for
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which, he shall file affidavits before the concerned court and
the police station.
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
Sessions Court concerned will be at liberty to take appropriate
action in accordance with law.
10. 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.
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)
ANIRUDH OJHA
