[Cites 1, Cited by 0]
Gujarat High Court
Vipulbhai Ratubhai Olakiya vs State Of Gujarat on 10 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5747/2026 ORDER DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 5747 of 2026
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VIPULBHAI RATUBHAI OLAKIYA
Versus
STATE OF GUJARAT
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Appearance:
MR KAIVAL D PATEL(13892) for the Applicant(s) No. 1
MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Umang Malkiya for learned
advocate Mr.Kaival Patel appearing on behalf of the applicant
and learned Additional Public Prosecutor Mr.Hardik Mehta
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. 11190009250015/2025 registered with
Cybercrime Police Station, Botad for the offence punishable
NEUTRAL CITATION
R/CR.MA/5747/2026 ORDER DATED: 10/03/2026
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under Sections 317(2), 317(4) of the BNS.
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. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
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R/CR.MA/5747/2026 ORDER DATED: 10/03/2026
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i. The allegation in the FIR being that the accused had
rented the account of the applicant for the purpose of
laundering proceeds of crime - cyber fraud amounts.
ii. The fact of the allegation relating back to the year 2024
more particularly between June-August, 2024 and the FIR
being filed in the month of December, 2025.
iii. The allegation being that the applicant had given his
bank account on rent and whereas, an amount of
approximately Rs.8,00,000/- having come to the account in
question and whereas, the said amount is alleged to be
proceeds of cyber crimes more particularly with regard to
inducing unsuspected victims to invest in share market and
by promising them higher returns and then not paying
them any returns at all.
iv. The fact of the applicant not being alleged to be part of
the principal conspiracy.
v. The fact of the person who had collected the account
from the present applicant stated to have expired in the
month of January, 2025.
vi. Considering the delay which has occurred in filing the
FIR, considering the fact that the transaction had taken
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R/CR.MA/5747/2026 ORDER DATED: 10/03/2026
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place in the month of June-August, 2024 and also
considering the fact that the applicant has no connection
whatsoever with the principal offence so also considering
the fact that the applicant is in custody since 04.01.2026
and the charge-sheet having been laid, this Court is
inclined to consider this application.
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 F.I.R.
registered as C.R. No. 11190009250015/2025 registered with
Cybercrime Police Station, Botad, on executing a bond of
Rs.25,000/- (Rupees Twenty Five Thousand only) with one
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R/CR.MA/5747/2026 ORDER DATED: 10/03/2026
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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 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.
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 free to take appropriate
action in the matter.
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10. 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
conditions in accordance with law.
11. 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.
12. 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
