[Cites 2, Cited by 0]
Gujarat High Court
Mihirbhai S/O Bhagvanbhai Panchabhai ... vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9452/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 9452 of 2026
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MIHIRBHAI S/O BHAGVANBHAI PANCHABHAI SARVAIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1
MR SOAHAM JOSHI, ADDL PUBLIC PROSECUTOR 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 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
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R/CR.MA/9452/2026 ORDER DATED: 23/04/2026
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Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 for enlarging the applicant on Regular Bail in
connection with FIR being C.R. No. 11208057250063 of
2025 registered with Rajkot Cyber Crime Police Station,
Rajkot for the offence punishable under Sections 204,
205, 308(7), 337 and 61(2) of the BNS, 2023 as well as
Section 66(C) of the IT 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, further incarceration of
the applicant will not benefit the Investigation Officer in
any manner. It is further submitted 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
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R/CR.MA/9452/2026 ORDER DATED: 23/04/2026
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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 Bhavnagar,
hence would be available at the time of trial;
ii. As per the prosecution case, the applicant had
accompanied co-accused Nareshbhai Mavjibhai Solanki
and Sanjaybhai Dhanjibhai Sarvaiya to withdraw the
amount, which was deposited in Nareshbhai's account;
iii. The applicant has not received any kind of monetary
consideration nor had provided his account to the main
accused;
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R/CR.MA/9452/2026 ORDER DATED: 23/04/2026
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iv. The investigation is over and charge-sheet has been
filed;
v. The apprehension of learned APP, as regards the
applicant indulging in similar kind of offence, if
granted bail, can be put to rest by imposing stringent
conditions.
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.
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.
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R/CR.MA/9452/2026 ORDER DATED: 23/04/2026
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9. Hence, the applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11208057250063 of 2025 registered with Rajkot Cyber
Crime Police Station, Rajkot 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;
[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 State of Gujarat till the trial is over
without prior permission of the Trial 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
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R/CR.MA/9452/2026 ORDER DATED: 23/04/2026
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bond together with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark his presence before the concerned police
station every alternate day for a period of two months,
and thereafter on every Monday, 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
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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. The
application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
