[Cites 5, Cited by 0]
Gujarat High Court
Divanshu Vinod Saharan vs State Of Gujarat on 15 May, 2026
NEUTRAL CITATION
R/CR.MA/11718/2026 ORDER DATED: 15/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11718 of 2026
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DIVANSHU VINOD SAHARAN
Versus
STATE OF GUJARAT
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Appearance:
MALAY S PATEL(8901) for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/05/2026
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
Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for regular bail in
connection with FIR being C.R. No. 11193024260047 of 2026 registered
with Jafrabad Police Station, Amreli, for the offences under Sections
319(2), 318(4) and 54 of BNS and Sections 66(C) and 66(D) of the IT Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Investigation is over and chargesheet has been filed. Nothing is required to
be recovered or discovered. Co-accused having similar role are granted bail
and on the ground of parity also, applicant may be enlarged on bail. He
therefore submits that, considering the nature of the offence, the applicant
may be enlarged on regular bail by imposing suitable conditions.
[4.0] Learned APP appearing on behalf of the respondent-State has opposed
the present application and requested to dismiss the present application for
regular bail on the ground that the applicant is very much involved in the
present offence and considering the gravity of offence, no case is made out
to entertain present bail application. Therefore, present application does
not deserve consideration.
NEUTRAL CITATION
R/CR.MA/11718/2026 ORDER DATED: 15/05/2026
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[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. Following aspects
have been considered:
(1) Investigation is over and charge-sheet is filed;
(2) Applicant is behind the bar since 27.03.2026;
(3) There is nothing to be recovered or discovered from the
applicant;
(4) Co-accused having similarly situated role are enlarged on
regular bail by learned Sessions Court and therefore, on the
ground of parity also (Rameshbhai Batubhai Dhabi Vs.
State of Gujarat reported in 2011 (3) GLR 1999), present
application deserves consideration.
(5) Obviously commencement and conclusion of trial will take
its own time.
(6) None of the offence alleged is punishable with life sentence or
death penalty;
(7) The role attributed against the applicant is that is that he had
NEUTRAL CITATION
R/CR.MA/11718/2026 ORDER DATED: 15/05/2026
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developed an application namely "PARIVAHAN.SEVAS.APK"
and had forwarded the link thereof to the complainant. It is
alleged that, upon permission being granted by the
complainant, the said application operated in the background
of the mobile phone, thereby enabling the applicant-accused
to gain access to and monitor the activities carried out by the
owner of the mobile phone. It is further alleged that, by using
the said application, the applicant obtained the OTP received
on the complainant's mobile phone and, on the basis thereof,
procured delivery of two iPhones ordered by the complainant
through the Flipkart platform. The said mobile phones worth
of Rs.1,66,660/-, have since been recovered. Except for the
aforesaid allegations, no other allegation has been attributed
to the 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.
NEUTRAL CITATION
R/CR.MA/11718/2026 ORDER DATED: 15/05/2026
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11193024260047 of 2026 registered with Jafrabad Police Station,
Amreli, on executing a personal 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/she 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;
(c) surrender passport, if any, to the Trial Court within a week;
(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 every
month for a period of six months between 11.00 a.m. and 2.00
p.m.;
(f) furnish the Aadhaar card, email ID/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/
contact number without prior permission of Trial Court;
(g) not to indulge in any illegal activity failing which learned trial
Court shall issue warrant and cancel the bail of the applicant.
[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
NEUTRAL CITATION
R/CR.MA/11718/2026 ORDER DATED: 15/05/2026
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of preliminary nature qua the evidence at this stage made by this Court
while enlarging the applicant on bail.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is
permitted
(HASMUKH D. SUTHAR,J)
SUCHIT
