[Cites 3, Cited by 0]
Gujarat High Court
Abhishek Ashokkumar Suthar vs State Of Gujarat on 12 May, 2026
NEUTRAL CITATION
R/CR.MA/8161/2026 ORDER DATED: 12/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 8161 of 2026
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ABHISHEK ASHOKKUMAR SUTHAR
Versus
STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR SHAMBHUKUMAR(13426) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 12/05/2026
ORAL ORDER
1. Heard learned advocate Mr. Gajendra P. Baghel
appearing on behalf of the applicant and learned
Additional Public Prosecutor Ms. Jirga Jhaveri 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. 11210062250085 of
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R/CR.MA/8161/2026 ORDER DATED: 12/05/2026
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2025 registered with Cyber Crime Police Station, Surat
for the offences punishable under Sections 318(4), 336(2),
336(3), 338, 340(2), 61(2) and 3(5) of the BNS, 2023 and
Section 66-C and 66-D of the Information Technology
(Amendment) 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 submitted that,
the applicant shall not leave the State of Gujarat, till
the completion of the trial. Learned advocate has further
submitted that, the original complainant has filed an
affidavit wherein, it is mentioned that, the dispute has
been resolved and he had received his money.
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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 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 permanent resident of
State of Jarkhand, would be available at the time of
trial;
ii. The original complainant Shitala Prasad Dharm Raj
Singh is present before the court and he has affirmed
the contents of the affidavit, wherein, it is mentioned
that, dispute between the parties has been resolved
and he has received the money from the applicant.
iii. The apprehension of the learned APP that, the
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R/CR.MA/8161/2026 ORDER DATED: 12/05/2026
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applicant would once again indulge in similar or such
offence, can be put to rest by imposing stringent
conditions.
7. 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.
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 applicant is ordered to be released on
bail in connection with F.I.R. registered as C.R. No.
11210062250085 of 2025 with Cyber Crime Police Station,
Surat, on executing a bail 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;
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[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 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 State of Gujarat without prior
permission of the Trial 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 once every week before the
concerned police station till the completion of the trial;
[g] not indulge in similar kind of offence hereinafter,
for which, he shall file an affidavit 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
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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 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.
The application is allowed in the aforesaid terms. Rule is
made absolute to the aforesaid extent. Direct service is
permitted.
(UTKARSH THAKORBHAI DESAI, J)
MAYA
