Citation : 2026 Latest Caselaw 1429 Guj
Judgement Date : 18 March, 2026
NEUTRAL CITATION
R/CR.MA/284/2026 ORDER DATED: 18/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 284 of 2026
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VIKRAM SHIVSHANKAR VISHWANATH MANDAL
Versus
STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 18/03/2026
ORAL ORDER
1. Heard learned advocate Mr. G. P. Baghel appearing on behalf
of the applicant and learned Additional Public Prosecutor Mr. Krutik
Parikh 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.11210062250049 of 2025 registered with Cybercrime Police
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Station, District Surat for the offence punishable under Sections
318(4), 336(2), 338, 336(3), 61(2), 3(5) and 340(2) of the BNS, 2023
as well as under Setions 66(c) and 66(d) of the Information
Technology Aemdment Act, 2008.
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. Learned advocate upon
instructions has also submitted that, the applicant shall not leave
the State of Gujarat, till the trial is over.
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
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R/CR.MA/284/2026 ORDER DATED: 18/03/2026
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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.
6. I have heard learned advocates appearing on behalf of the
respective parties and perused the papers. Following aspects are
considered:-
i. The applicant though is a resident of Jarkhand State, he shall
be available at the time of trial;
ii. The are no criminal antecedents against the applicant;
iii. The allegation against the applicant pertains to he having
paid Rs.123.71/-paisa to purchase the domaine Go-Daddy, which
was used for generating APK file of traffic challan, which was
used to defraud people to pay amounts.
iv. Out of the total defrauded amount of Rs.7,54,000/-, the
amount of Rs.4,50,000/- has been recovered.;
7. This Court has taken into consideration the law laid down by
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R/CR.MA/284/2026 ORDER DATED: 18/03/2026
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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 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.
9. 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.11210062250049 of 2025 registered with Cybercrime
Police Station, District Surat, 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;
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[c] surrender his 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 local limits of Surat district without prior
permission of the Competent Court concerned;
[e] furnish the present address of his residence to the I.O. and to
the Court at the time of execution of the bond and shall not
change his residence without prior intimation to the I.O. and the
court;
[f] mark his presence on once a week before the concerned
police station till the trial is over;
[g] not indulge in similar kind of offence hereinafter, for which,
he shall file affidavits before the concerned court and the 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 at liberty to take appropriate action in
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accordance with law.
11. Bail bond to be executed before the trial 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.
12. 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
enlarging the applicant on regular bail.
13. The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) KAJAL
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