[Cites 2, Cited by 0]
Gujarat High Court
Virendra Shankarlal Muleva vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 9977 of 2026
==========================================================
VIRENDRA SHANKARLAL MULEVA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR RISHABH R JAIN(12326) for the Applicant(s) No. 1
MS.JYOTI BHATT, APP for the Respondent(s) No. 1
==========================================================
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. 11189010240007 of
2024 registered with Cyber Crime Police Station, Morbi,
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
undefined
for the offence punishable under Sections 316(2), 316(5),
318(4), 319(2), 111(2)(b) and 61 of the BNS, 2023 read
with Section 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 levelled, 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. Learned advocate for the applicant submitted
that though the applicant is a permanent resident of
District:Jhabua, Madhya Pradesh, he would be available
at the time of trial.
5. As against the same, learned Additional Public
Prosecutor appearing for the respondent - State has
vehemently objected to the grant of regular bail. Learned
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
undefined
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.
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:Jhabua, Madhya Pradesh, but he would be
available at the time of trial;
ii. The applicant does not have any criminal
antecedents.
iii. As per the prosecution case, the applicant and the
other co-accused were luring investors by providing
them facebook link in the name of Astha Investors 714,
whereby, promising them high returns, they were
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
undefined
made to invest huge amounts.
iv. As per the prosecution case, the amount of
Rs.70,000/- was deposited in the bank account of the
applicant with Bandhan Bank, which was towards the
investments made by investors, for which, he has
received commission of Rs.11,000/-.
v. Learned APP Ms.Jyoti Bhatt has submitted that the
said amount of Rs.70,000/- has been recovered from
the applicant, and so also, the investigating Officer
having mentioned the said fact in his affidavit in the
bail application, before the concerned Sessions Court.
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
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
undefined
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. 11189010240007 of 2024
registered with Cyber Crime Police Station, Morbi, 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
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
undefined
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 State of Gujarat without prior
permission of the Court concerned;
[e] furnish his present address of residence to the I.O.
and the Court along with documentary proof at the
time of execution of the bond and shall not change his
residence without prior intimation to the IO and the
Court;
[f] mark his presence on every alternate day for a
period of one month and thereafter on every Sunday
till the trial is over before the concerned police station;
[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 Sessions Court concerned will be at
liberty to take appropriate action in accordance with law.
NEUTRAL CITATION
R/CR.MA/9977/2026 ORDER DATED: 29/04/2026
undefined
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
be influenced by any observations of this Court which are
of preliminary nature made at this stage, only for the
purpose of considering the application of the applicant for
being released 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
