Citation : 2026 Latest Caselaw 858 Guj
Judgement Date : 6 March, 2026
NEUTRAL CITATION
R/CR.MA/26672/2025 ORDER DATED: 06/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 26672 of 2025
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YASH JIGNESHBHAI VAGHANI
Versus
STATE OF GUJARAT
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Appearance:
MR PADMRAJ K JADEJA(2095) for the Applicant(s) No. 1
MR LB DABHI ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 06/03/2026
ORAL ORDER
1. Heard learned advocate Mr.Padmraj Jadeja appearing on behalf of the applicant and learned Additional Public Prosecutor Mr.L.B.Dabhi 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
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R/CR.MA/26672/2025 ORDER DATED: 06/03/2026
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C.R. No. 11201018240019 of 2024 registered with CID Cyber Crime Police Station, District: Gandhinagar for the offence punishable under Sections 409, 465, 468, 471 and 120B of the IPC andunder Section 21(3), 23, 25(1) of the Banning of Unregulated Deposit Scheme Act, 2019 and under Section 66(c) and 66(d) of the I.T. 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
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R/CR.MA/26672/2025 ORDER DATED: 06/03/2026
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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 allegation in the FIR being serious inasmuch as the accused through the mule accounts, had laundered amount which were proceeds of crime, that is proceeds of cricket betting/gaming amounts and whereas, the role attributed to the present applicant is of having procured mule accounts where some of the money had been deposited. ii. It would appear in this regard that the case against the present applicant as appearing from the charge-sheet paper itself is that the applicant was a friend of co-accused one Mehul Chauhan, whose account the present applicant is stated to have been procured and whereas, it also appears in this regard that the present applicant was working/may have been working as an employee for the said Mehul Chauhan.
iii. It also appears as per the charge-sheet papers that the Mehul Chauhan was owning a travel agency named Angel Holidays, which was a front for doing the present activity that is of opening mule accounts and transferring the said kits of such mule accounts to some other person who would ultimately transfer the kits to Dubai where the kits would be operated by the co-accused.
iv. Considering such an aspect, more particularly, since it prima facie appears that the present applicant may have
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R/CR.MA/26672/2025 ORDER DATED: 06/03/2026
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been an employee of the said Mehul Chauhan, the allegation that the present applicant had procured the account of the said co-accused may be slightly difficult to appreciate.
v. This Court also concede the fact that present applicant is in custody since 19.07.2025 and the charge-sheet having been filed and the present applicant having no antecedent and the present applicant is a young person aged around 22 years.
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. 11201018240019 of 2024 registered with
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R/CR.MA/26672/2025 ORDER DATED: 06/03/2026
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CID Cyber Crime Police Station, District: Gandhinagar, 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 in 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
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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./09-SB-I
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