[Cites 1, Cited by 0]
Gujarat High Court
Harshadbhai Hemrajbhai Desai vs State Of Gujarat on 25 March, 2026
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
R/CR.MA/5557/2026 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 5557 of 2026
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HARSHADBHAI HEMRAJBHAI DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1
MR RM CHAKWAWALA(1519) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. Kishan Chakwawala appearing on
behalf of the applicant and learned Additional Public Prosecutor Mr.
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. 11213022250775 of
2025 registered with Jetpur City Police Station, District Rajkot Rural, for
the offence punishable under Sections 316(5), 318(4), 61(2), 54 and
317(2) of the Bharatiya Nyaya Sanhita, 2023.
NEUTRAL CITATION
R/CR.MA/5557/2026 ORDER DATED: 25/03/2026
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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:-
i. Allegation being that the accused had laundered money through the
medium of mule accounts, more particularly the amounts laundered
being proceeds of cyber crime.
ii. The allegation being the accused Nos. 1 to 7 being bank account
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R/CR.MA/5557/2026 ORDER DATED: 25/03/2026
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holders had coordinated with the accused No. 8, and the present
applicant and whereas it would appear that the accused were getting
commission at the rate of 1% i.e. the mule account holders, and the
applicant getting some higher commission.
iii. Though prima facie it would appear that the present applicant was
aware about the fact of the money being proceeds of crime, yet,
considering the fact that the applicant is in custody since 14.12.2025,
the charge-sheet having been filed and there being only eight
complaints in the NCCRP Portal and also considering that the
amounts are not proceeds of digital arrests, this Court is inclined to
consider the present 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
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R/CR.MA/5557/2026 ORDER DATED: 25/03/2026
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to be released on bail in connection with FIR being C.R. No.
11213022250775 of 2025 registered with Jetpur City Police Station,
District Rajkot Rural, on executing a bond of Rs.1,00,000/- (Rupees One
Lakh 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 fortnight for a period of six months and
thereafter 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
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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)
BDSONGARA
