[Cites 1, Cited by 0]
Gujarat High Court
Rakshit Kalpeshbhai Kuvariya vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.MA/9282/2026 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 9282 of 2026
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RAKSHIT KALPESHBHAI KUVARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ANIL H RATHOD(9691) 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 : 22/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Anil Rathod appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr.
Soaham Joshi 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.11189010250011 of 2025 registered with Cybercrime Police
NEUTRAL CITATION
R/CR.MA/9282/2026 ORDER DATED: 22/04/2026
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Station, District Morbi for the offence punishable under Sections
316(5), 318(4), 61(2), 54 and 317(2) of the BNS, 2023.
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.
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 out from the charge-sheet, this Court may not
exercise discretion in favour of the applicant and the application
may be dismissed.
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R/CR.MA/9282/2026 ORDER DATED: 22/04/2026
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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 Morbi district, hence
would be available at the time of trial;
ii. The allegation against the applicant is that he had given his
account for the purpose of money laundering;
iii. The are no criminal antecedents against the applicant;
iv. The applicant has received the commission of Rs.15,000/- for
providing his account;
v. The investigation is over and chargesheet has been filed;
vi. Co-accused Nikunj Dalsaniya has been granted regular bail by
the Co-ordinate Bench vide order dated 07.04.2026 passed in
CRMA No.8002 of 2026;
vii.The apprehension of learned APP as regards the applicants
once again indulging in similar kind of offence after being
granted bail, can be put to rest by imposing stringent conditions;
7. This Court has taken into consideration the law laid down by
NEUTRAL CITATION
R/CR.MA/9282/2026 ORDER DATED: 22/04/2026
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the Hon'ble Apex Court in the case of Sanjay Chandra v. Central
Bureau of Investigation reported in [2012] 1 SCC 40.
8. 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.
9. 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.11189010250011 of 2025 registered with Cybercrime
Police Station, District Morbi, on executing a bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with one 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;
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R/CR.MA/9282/2026 ORDER DATED: 22/04/2026
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[c] surrender his passport, if any, to the trial 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
Competent Court concerned;
[e] furnish the present address of his residence to the I.O. and to
the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and the
court;
[f] mark his alternate day presence for two months thereafter on
every Monday before the concerned police station till the trial is
over;
[g] not indulge in similar kind of offence hereinafter, for which,
he shall file affidavits before the concerned court and the police
station.
10. 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
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R/CR.MA/9282/2026 ORDER DATED: 22/04/2026
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Court concerned will be at liberty to take appropriate action in
accordance with law.
11. 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.
12. 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.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
