[Cites 2, Cited by 0]
Gujarat High Court
Sahil Jahidbhai Kariyaniya(Name As Per ... vs State Of Gujarat on 20 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/6481/2026 ORDER DATED: 20/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 6481 of 2026
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SAHIL JAHIDBHAI KARIYANIYA(NAME AS PER LD. SESSIONS COURTs
ORDER)
Versus
STATE OF GUJARAT
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Appearance:
SAJID Y KARIYANIYA(9619) for the Applicant(s) No. 1
MR ADITYA JADEJA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 20/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Sajid Kariyaniya appearing on
behalf of the applicant and learned Additional Public
Prosecutor Mr.Aditya Jadeja 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
NEUTRAL CITATION
R/CR.MA/6481/2026 ORDER DATED: 20/03/2026
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the applicant on Regular Bail in connection with FIR being
C.R. No. 11211056250943 of 2025 registered with
Surrendranagar City "B" Division Police Station, Surendranagar
for the offence punishable under Sections 318(4), 316(2),
317(2), 317(4), 54 of the BNS 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.
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R/CR.MA/6481/2026 ORDER DATED: 20/03/2026
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6. I have heard learned advocates appearing on behalf of
the respective parties and perused the papers. Following
aspects are considered:-
i. Allegation being that the applicant had involved himself
in procuring mule accounts where proceeds of Cyber Crime
had been laundered.
ii. The allegation against the applicant is specifically being
that the some accounts had been procured by co-accused
Faizal Sarifbhai Majethiya who had given to the present
applicant who had forwarded the same to one Aafridi
Isakbhai Sama, who had forwarded the same to one
Sunilbhai Rajabhai Sindhav and Sunilbhai Rajabhai Sindhav
having been given to one person named Arjun, at Jodhpur,
Rajasthan, who used the account for laundering the money.
iii. Prima facie, it would appear that the role attributed to
the present applicant may have been very limited insofar as
acting as a conduit in the transaction of the account.
iv. The applicant having no role to play in the principle
offence that is of laundering through the medium of mule
accounts.
v. The account not being of present applicant.
vi. Though it is informed that around Rs.66 Lakhs have been
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transacted in the account in question, and though there are
eight complaints registered in the NCCRP Portal yet,
considering the limited role attributed to the present
applicant and also considering that though the applicant has
one antecedent, the same being under the Prevention of
Gambling Act, this Court is inclined albeit with appropriate
safeguards.
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. 11211056250943 of 2025 registered with
Surrendranagar City "B" Division Police Station,
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Surendranagar, 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
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 week for a period of three
months, thereafter once a fortnight for three months and
thereafter, once in a month for a period of three 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
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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 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)
NAIR SMITA V./10-DN
