[Cites 1, Cited by 0]
Gujarat High Court
Rihaanbhai @ Rehanbhai Farukbhai ... vs State Of Gujarat on 12 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/4529/2026 ORDER DATED: 12/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 4529 of 2026
With
R/CRIMINAL MISC.APPLICATION NO. 2568 of 2026
With
R/CRIMINAL MISC.APPLICATION NO. 3103 of 2026
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RIHAANBHAI @ REHANBHAI FARUKBHAI JUSANI
Versus
STATE OF GUJARAT
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Appearance:
MR RIYAZ R PARMAR(11846) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 12/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Riyaz Parmar appearing on behalf of
the applicants in Criminal Misc. Application No. 4529 of 2026 and
Criminal Misc. Application No. 2568 of 2026, learned Advocate Mr.
Alinavaz Vakil on behalf of the applicant in Criminal Misc. Application
No. 3103 of 2026 and learned Additional Public Prosecutor Mr. Trupesh
Kathiriya appearing on behalf of the respondent-State in all these matters.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicants have filed this applications under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicants on
Regular Bail in connection with FIR being C.R. No. 11190009250014 of
NEUTRAL CITATION
R/CR.MA/4529/2026 ORDER DATED: 12/03/2026
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2025 registered with Botad Cyber Crime Police Station, District Botad,
for the offence punishable under Sections 317(2), 317(4) and 54 of the
Bharatiya Nyaya Sanhita, 2023.
4. Learned advocates for the applicants would submit that considering
the role attributed to the applicants, and nature of the allegation levelled,
the applicants 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 applicants in jail for indefinite period. It is further contended
that the applicants are 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 to the applicants. Learned APP has submitted that looking
to the nature of offence and the role attributed to the present applicants as
coming out from the charge-sheet, this Court may not exercise the
discretion in favour of the applicants 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:-
NEUTRAL CITATION
R/CR.MA/4529/2026 ORDER DATED: 12/03/2026
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i. Allegation in the FIR being that the accused had through the
medium of mule accounts laundered money which were proceeds of
the cyber crime.
ii. The FIR specifically being against the mule accounts and whereas
it does not appear that there was any investigation qua the source of
the money which had come to the mule accounts.
iii. The fact of the parties having transacted inter-se and whereas the
actual mule account holders namely Abbas Yasinbhai Khetani and
Aliraja Shabbirali Madhvani are not before this Court in this group of
petitions, more particularly the amount in question having been
laundered through the medium of the account of the above accused
and a total of 14 complaints against the above referred accused
Khetani and a total of 13 complaints against the above referred
accused Madhvani.
iv. The role attributed to the applicant of Criminal Misc. Application
No. 4529 of 2026 being of having collected the money from an
Angadiya Firm and having send it to other accused. Similar roles
being attributed to the applicants of Criminal Misc. Application Nos.
2568 of 2026 and 3103 of 2026 also.
v. It does not appear that any of the applicants herein are the principal
NEUTRAL CITATION
R/CR.MA/4529/2026 ORDER DATED: 12/03/2026
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players of the offence in question. It also does not appear that the
applicants have any role to play in the principal offence i.e. with
regard to the cyber crime of which the money was the proceeds.
vi. The fact of the applicant of Criminal Misc. Application No. 4529
of 2026 being in custody since 17.12.2025 and the applicants of
Criminal Misc. Application Nos. 2568 of 2026 and 3103 of 2026
being in custody since 09.11.2025, the charge-sheet having been filed
and the applicants not any antecedents.
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 applicants 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 applicants on regular bail.
8. Hence, the present applications are allowed. The applicants are
ordered to be released on bail in connection with FIR being C.R. No.
11190009250014 of 2025 registered with Botad Cyber Crime Police
Station, District Botad, on executing a bond of Rs.25,000/- (Rupees
NEUTRAL CITATION
R/CR.MA/4529/2026 ORDER DATED: 12/03/2026
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Twenty Five Thousand only) each with one surety of the like amount to
the satisfaction of the trial Court and subject to the conditions that they
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 applicants only if they are 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.
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
NEUTRAL CITATION
R/CR.MA/4529/2026 ORDER DATED: 12/03/2026
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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 applications of the
applicants for being released on regular bail.
12. The applications are allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
BDSONGARA
