[Cites 1, Cited by 0]
Gujarat High Court
Nisarg @ Paul Ajaybhai Barot vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9541/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9541 of 2026
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NISARG @ PAUL AJAYBHAI BAROT
Versus
STATE OF GUJARAT
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Appearance:
MR ANKIT V DIXIT(10019) 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 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 Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the
applicant on Regular Bail in connection with FIR being C.R. No.
11209020260244 of 2026 registered with Idar Police Station,
Sabarkantha, for the offence punishable under Sections 316(2),
NEUTRAL CITATION
R/CR.MA/9541/2026 ORDER DATED: 23/04/2026
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318(4), 319 and 61 of the BNS, 2023 and under Sections 66(C) and
66(D) of the Information Technology Act.
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 it will take long time for the
charge-sheet to be filed, hence no useful purpose would be
served by keeping the applicant in jail till then. 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 the charge-sheet is yet to be filed, this Court may
not exercise the discretion in favour of the applicant and the
application may be dismissed.
NEUTRAL CITATION
R/CR.MA/9541/2026 ORDER DATED: 23/04/2026
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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. As submitted by the learned APP and learned advocate for
the applicant, the applicant was only the employee in the call
center and he has not been financially benefited in any
manner.
ii. The applicant does not have any criminal antecedents.
iii. The applicant is a permanent resident of Ahmedabad and
hence, would be available at the time of trial.
iv. Co-accused Nikunj Khodabhai Patel, who is similarly placed
with the present applicant, has been granted regular bail by
this Court, vide order dated 08.04.2026 passed in Criminal
Misc. application No.8155 of 2026.
v. As per the prosecution case, the applicant was not
associated with any of the co-accused who have committed
the offense.
NEUTRAL CITATION
R/CR.MA/9541/2026 ORDER DATED: 23/04/2026
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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 FIR being C.R.
No. 11209020260244 of 2026 registered with Idar Police Station,
Sabarkantha, 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
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R/CR.MA/9541/2026 ORDER DATED: 23/04/2026
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prosecution;
[c] surrender his passport, if any, to the trial court within a
week and if he does not have passport, he shall file an
affidavit to that effect;
[d] not leave the country without prior permission of the
Sessions Court concerned;
[e] furnish his present address of 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 IO and
the Court;
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 Court
concerned will be at liberty to take appropriate action in
accordance with law.
10. Bail bond to be executed before the competent 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.
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R/CR.MA/9541/2026 ORDER DATED: 23/04/2026
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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
