[Cites 1, Cited by 0]
Gujarat High Court
Mahendrabhai Bharatbhai Lakum vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/10029/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 10029 of 2026
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MAHENDRABHAI BHARATBHAI LAKUM
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 : 29/04/2026
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. 11211050250789 of
2025 registered with Thangadh Police Station,
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Surendranagar, for the offence punishable under Sections
318(4), 316(2), 317(2) and 317(4) 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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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
District:Surendranagar, hence, would be available at
the time of trial.
ii. The applicant does not have any criminal
antecedent.
iii. Investigation being over, charge-sheet has been
filed.
iv. As per the prosecution case, the applicant had given
his bank account with HDFC Bank to co-accused Vishal
Dharamshibhai Parmar, wherein, an amount of
Rs.9,80,000/- towards cyber fraud was deposited and
thereafter the said amount was transferred by way of
cheque/G-pay/RTGS to co-accused Brijeshbhai Shailesh
Patni.
v. Neither from the charge-sheet nor from the affidavit
of the I.O., it appears that the applicant has received
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any commission or any other monetary consideration
from the co-accused for giving his said bank account on
rent for the deposit of cyber fraud amount.
vi. The apprehension of the learned APP as regards the
applicant if granted bail, he would once again indulge
in such or similar offense, can be put to rest by
imposing stringent conditions.
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.
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8. Hence, the present application is allowed. The
applicant is ordered to be released on bail in connection
with FIR being C.R. No. 11211050250789 of 2025
registered with Thangadh Police Station, Surendranagar,
on executing a bail bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) with one local 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 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 Court concerned;
[e] furnish the present address of his residence to the
I.O. and also to the Court at the time of execution of
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the bond along with documentary proof and shall not
change his residence without prior intimation to the
I.O. and the court;
[f] mark presence 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 an affidavit 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 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.
11. At the stage of trial, the competent Court shall not
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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)
ANKIT SHAH
