[Cites 1, Cited by 0]
Gujarat High Court
Nikunjgiri S/O Rajeshgiri Gosai ... vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8523/2026 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. 8523 of 2026
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NIKUNJGIRI S/O RAJESHGIRI GOSAI (NIKUNJGIRI S/O RAJESHGIRI
GOSAI (BAVAJI))
Versus
STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) 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 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.
11189010250010 of 2025 registered with Cybercrime Police
Station, Morbi for the offence punishable under Sections 318(4),
317(2), 111(2)(b), 316(5) and 61(2) of the BNS, 2023.
NEUTRAL CITATION
R/CR.MA/8523/2026 ORDER DATED: 23/04/2026
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4. Learned advocate for the applicant would submit that,
considering the role attributed to the applicant, and nature of
the allegation leveled, 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.
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;
NEUTRAL CITATION
R/CR.MA/8523/2026 ORDER DATED: 23/04/2026
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ii. The applicant does not have any criminal antecedents;
iii. The investigation is completed and charge-sheet has been
laid before the concerned trial court;
iv. As per the prosecution case, the role of the applicant is
pertaining to providing one bank account of ICICI bank,
wherein, Rs. 5,15,020/- pertaining to cyber fraud came to be
deposited, which was withdrawn by the applicant and handed
over to the main accused Divya Rajsinh Jadeja and co-accused
Ayush Rajsinh Jadeja;
v. As per the prosecution case, there are seven complaints
have been registered on the national portal against the said
account, and the investigation, inter alia, revealed that, the
applicant had received commission to the tune of Rs. 8,000/-
for providing his bank account;
vi. The apprehension of the learned APP, as regards the non-
availability of the applicant during the trial can be put to rest
by imposing stringent condition.
This Court has taken into consideration the law laid down
NEUTRAL CITATION
R/CR.MA/8523/2026 ORDER DATED: 23/04/2026
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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. 11189010250010 of 2025 registered with Cybercrime
Police Station, 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/8523/2026 ORDER DATED: 23/04/2026
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[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 District Morbi without
prior permission of the Sessions Court concerned;
[e] furnish his present address of his residence to the I.O. and
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 every alternate day for one month,
and thereafter, on every Tuesday 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.
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 the matter.
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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
