Ashish Sureshchandra Sheth vs State Of Gujarat on 8 May, 2026

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                             R/CR.MA/3121/2026                             ORDER DATED: 08/05/2026

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                             R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                                          CHARGESHEET) NO. 3121 of 2026
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                                                 ASHISH SURESHCHANDRA SHETH
                                                             Versus
                                                       STATE OF GUJARAT
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                       Appearance:
                       MANAN K PANERI(7959) for the Applicant(s) No. 1
                       MR HEMANTKUMAR S SHETH(11096) for the Applicant(s) No. 1
                       MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 08/05/2026

                                                           ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in connection with FIR being C.R. No. 11213064250522 of 2025 registered with Upleta Police Station, Rajkot Rural for the offence punishable under Sections 318(4), 3(5) and 61(2) of the BNS and Sections 66(c) and 66(d) of the IT Act.

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. It is submitted that the present applicant has lodged the complaint qua misusing his account in connection with his account number during the period from 26.05.2025 to 31.05.2025 and an amount of Rs.7.42 crores have been deposited and siphoned by the accused persons. Charge-sheet is filed. The applicant shall co-operate in investigation on the contrary he is a victim. Considering the nature of the offence, the applicant may be enlarged on regular bail by imposing stringent conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application on the ground that the present applicant is

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actively participated in the commission of offence. He has provided his bank account with a view to receive the commission of 1.5% and he has failed to receive the commission towards facilitating the cyber fraud and providing the account to facilitate the crime as he has not received any commission then he has approached the police and therefore, the entire offence and scam came into light. More particularly, one bank account was used in the name of M/s Manvish Enterprises and the present applicant applicant is proprietor of the said firm, and 58 cyber fraud complaint have been received. Hence, application does not deserve any consideration.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. In present case, following aspects have been considered:

(1) investigation is over and charge-sheet is filed; (2) Applicant is behind the bars since 12.10.2025 (3) None of the offence alleged is punishable with life sentence or death penalty;

(4) nothing is required to be recovered and discovered from him;

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(5) Perusing the investigation papers, it appears that the allegation against the present applicant is that the amount involved in the cyber fraud was credited to his bank account. In this regard, the Investigating Officer has also registered a separate complaint. It further appears that the applicant had approached the police authorities on 27.06.2025 stating that transactions amounting to Rs.7.41 crores were carried out in his account during the period from 26.05.2025 to 31.05.2025, and that the accused persons had not paid him the agreed commission of 1.5%.

It further appears from the report of the Investigating Officer that, except for providing his bank account in lieu of receiving 1.5% commission on the transaction amount, no other specific role is attributed to the present applicant;

[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No. 11213064250522 of 2025 registered with Upleta Police Station, Rajkot

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Rural, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only) with one local solvent 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 & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) Furnish the UIDAI Number, Contact Number/s, Passport Number (if he is having the passport), simcard, E-mail address and present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

[9.0] 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 Judge concerned will be free to issue warrant or take appropriate action in the matter.

[10.0] 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.

[11.0] At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.






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                             R/CR.MA/3121/2026                          ORDER DATED: 08/05/2026

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[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR,J) KUMAR ALOK