[Cites 2, Cited by 0]
Gujarat High Court
Rajesh S/O. Parshotambhai Sojitra vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8229/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8229 of 2026
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RAJESH S/O. PARSHOTAMBHAI SOJITRA
Versus
STATE OF GUJARAT
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Appearance:
MR GAURAV S THUMMAR(13022) 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 : 23/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Gaurav S. Thummar
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.11201018250032 of 2025
NEUTRAL CITATION
R/CR.MA/8229/2026 ORDER DATED: 23/04/2026
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registered with CID Cybercrime Police Station,
Gandhinagar for the offences punishable under Sections
318(4), 317(2), 61(2), 336(2), 336(3), 338 and 340(2) of
the BNS and Section 66(d) of the I.T. 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
since the 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.
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 the discretion in favour of the applicant and the
NEUTRAL CITATION
R/CR.MA/8229/2026 ORDER DATED: 23/04/2026
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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, hence
would be available at the time of trial.
ii. The applicant being in custody since 25.09.2025 and
the chargesheet having been laid by the Investigating
Officer and the applicant not having any antecedents;
iii. The role of the present applicant is akin to the
accused No.11 Kamlesh Ashokbhai Shen, who has been
granted regular bail by this Court vide order passed in
Criminal Misc. Application No.1785 of 2026 on
09.03.2026.
7. 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.
NEUTRAL CITATION
R/CR.MA/8229/2026 ORDER DATED: 23/04/2026
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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. C.R. No.
11201018250032 of 2025 registered with CID Cybercrime
Police Station, Gandhinagar, on executing a 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;
[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;
NEUTRAL CITATION
R/CR.MA/8229/2026 ORDER DATED: 23/04/2026
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[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 presence on once a week 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 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.
NEUTRAL CITATION
R/CR.MA/8229/2026 ORDER DATED: 23/04/2026
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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)
MAYA
