[Cites 2, Cited by 0]
Gujarat High Court
Prince Parshottambhai @Maheshbhai ... vs State Of Gujarat on 20 February, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/774/2026 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 774 of 2026
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PRINCE PARSHOTTAMBHAI @MAHESHBHAI GOVINDBHAI MAKWANA
Versus
STATE OF GUJARAT
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Appearance:
MR ASHOK N PARMAR(2431) for the Applicant(s) No. 1
MR GIRISH D CHAVDA(3226) for the Applicant(s) No. 1
MR NIRAJ SHARMA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/02/2026
ORAL ORDER
1. Heard learned advocate Mr.Ashok Parmar appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr.Niraj Sharma 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.11217042250002/2025 registered with
Cybercrime Police Station, Patan for the offence punishable
NEUTRAL CITATION
R/CR.MA/774/2026 ORDER DATED: 20/02/2026
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under Sections 316(2), 318(2), 319(2), 340(2), 336(3) and
61(2)(b) of the BNS and Sections 66(C) and 66(D) 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 no useful purpose would be served by keeping
the applicant in jail for indefinite period. 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 the discretion in
favour of the applicant and the application may be dismissed.
6. Having regard to the fact that the applicant has prayed
NEUTRAL CITATION
R/CR.MA/774/2026 ORDER DATED: 20/02/2026
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for grant of regular bail, learned Advocates appearing on
behalf of the respective parties do not press for further
reasoned order.
7. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. While the FIR alleges fraud and the total amount
involved appears to be approximately Rs.1.15 crores and
whereas, insofar as the present applicant is concerned, the
allegation being that the applicant had opened a bank
account through which an amount of approximately
Rs.13,00,000/- had been transacted, for which, the
applicant had received Rs.50,000/- as commission.
ii. It would prima facie appears that the applicant was
involved in the offence to the extent of opening of the bank
account in question and whereas, prima facie, it does not
appear that the applicant had any knowledge about the
principal offence.
iii. The fact of the applicant being in custody since
23.07.2025, the charge-sheet having been laid and the
applicant being 19 year old boy.
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R/CR.MA/774/2026 ORDER DATED: 20/02/2026
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iv. The fact of there being no antecedents against the
present applicant of being involved in any offence of any
nature.
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 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.
9. Hence, the present application is allowed. The applicant
is ordered to be released on bail in connection with F.I.R.
registered as FIR being C.R. No.11217042250002/2025
registered with Cybercrime Police Station, Patan, on
executing a bond of Rs.10,000/- (Rupees Ten 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;
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R/CR.MA/774/2026 ORDER DATED: 20/02/2026
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[b] not act in a manner injurious to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a
week;
[d] not leave the State of Gujarat without prior permission
of the Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and
also to the Court at the time of execution of the bond and
shall not change the residence without prior intimation to
the I.O.;
[f] mark presence once a month for a period of six months
before the concerned 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 free to take appropriate
action in the matter.
11. Bail bond to be executed before the lower 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
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conditions in accordance with law.
12. At the stage of trial, the trial 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.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(NIKHIL S. KARIEL,J)
Bhoomi
