CHIRAGKUMAR MAHIPATLAL RAVALversusSTATE OF GUJARAT

   R/CR.MA/10511/2026                                  ORDER DATED: 05/05/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
            CHARGESHEET) NO. 10511 of 2026

==============================================
                  CHIRAGKUMAR MAHIPAL RAVAL
                               Versus
                        STATE OF GUJARAT
==============================================
Appearance:
MR M.NISAR VAIDHYA(3386) for the Applicant(s) No. 1
MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1
MS MONALI H. BHATT, APP for the Respondent(s) No. 1
==============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 05/05/2026
                                     ORDER

      Leave to amend. Amendment be carried out forthwith.

[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.11209058260001       of   2026
registered with Cyber Crime Police Station, Sabarkantha, for the
offence under Sections 61(2), 3(5), 318(2), 318(4), 319(2) and 317(4) of
the Bharatiya Nyaya Sanhita and under Section 66-D of the Information
Technology Amendment Act.
[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence. The
applicant is not named in the FIR even not figured out in the charge-
sheet. During the course of investigation the applicant has been arraigned
as accused. Substantial part of investigation is over. Remand period is
over and nothing is required to be recovered or discovered at the instance
of the accused. The applicant is in custody since 07.04.2026. On the basis
of statement of the co-accused the applicant came to be arraigned in the
present offence. The applicant has no past antecedents. He therefore
submits that, considering the nature of the offence, the applicants may be


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      R/CR.MA/10511/2026                              ORDER DATED: 05/05/2026




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 submitted that, the investigation is
still going on and during the investigation the applicant is arraigned as an
accused. There are every possibility that if the applicant is released on bail
then he will tamper with the evidence. Therefore, considering the conduct
of the applicant, 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. Following aspects
have been considered:
(1)       The applicant is arraigned on the basis of statement of the co-
          accused.
(2)         Even if the peruse the affidavit of Dy.S.P more particularly in
          column 8 it is stated on oath that the applicant having knowledge
          of betting and indulged in gambling but no knowledge about bank
          fraud and cyber crime.
(3)       The Investigation is almost over;
(4)       Applicant is behind the bar since 04.04.2026;


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      R/CR.MA/10511/2026                                   ORDER DATED: 05/05/2026




(5)         There is nothing to be recovered or discovered from the applicant;
(6)         There is no possibility to conclude the trial in near future.


[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.11209058260001 of 2026 registered with Cyber Crime Police
Station, Sabarkantha 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
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 to leave State of Gujarat without prior permission of the




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      R/CR.MA/10511/2026                                                               ORDER DATED: 05/05/2026




                  Trial Court concerned;
        (e)       mark presence before the concerned Police Station once in a
                  week till filing of the chargesheet and after filing of the
                  chargesheet, mark presence before the concerned police
                  station once in a month for a period of six months;
        (f)       furnish the Aadhar 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)       if the applicant is found to be indulged in any illegal activities in
                  future, the trial Court concerned will be free to issue warrant
                  and cancel the bail granted to 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 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)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 05/05/2026 19:02:44




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