ASHVINBHAI HAKABHAI KATHADBHAI JALONDHARAversusSTATE OF GUJARAT

    R/CR.MA/14243/2026                                  ORDER DATED: 19/08/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 14243 of 2026
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            ASHVINBHAI HAKABHAI KATHADBHAI JALONDHARA
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR. RAHUL R DHOLAKIA(6765) 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 : 19/08/2026
                                      ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present application is        led under Section 483 of the Bharatiya
Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in
connection with          FIR being C.R. No. 11214023252475 of 2025 registered
with Kadodara GIDC Police Station, Surat for the o1ence punishable
under Sections 317(2), 317(4), 318(4) and 3(5) of BNS, 2023 as well as
Sections 66(C) and 66 (D) the IT Act, 2000.


[3.0] Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the o1ence.
Applicant is having no past antecedents. It is submitted that investigation is
over and charge-sheet is        led. Considering the nature of the o1ence, 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 and submitted that applicant is involved in
the o1ence. Hence, she has requested to dismiss the present application for
regular bail looking to the nature and gravity of the o1ence.


[5.0] While granting bail, the Court has to consider the involvement of the
accused in the alleged o1ence, the jurisdiction to grant bail has to be



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   R/CR.MA/14243/2026                                  ORDER DATED: 19/08/2026




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 led;
              (2) None of the o1ence alleged is punishable with life
              sentence or death penalty;
              (3) Applicant is behind the bars since 13.12.2025;
              (4) There is nothing to be recovered or discovered from the
              applicant;
              (5) Obviously commencement and conclusion of trial will take
              some time;
              (6) The role attributed to the present applicant is that, at the
              behest of the co-accused, Pratik, he opened four bank
              accounts and used the said four bank accounts as mule
              accounts for cyber fraud. After withdrawing the said amount,
              the same was handed over to the co-accused, Pratik, and the
              co-accused, Pratik, further handed over the said amount in
              excess of the account to the co-accused, Ravjibhai. The case of
              both the co-accused, Pratik and Ravjibhai, has been considered
              by the Co-ordinate Bench of this Court and the learned


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    R/CR.MA/14243/2026                                   ORDER DATED: 19/08/2026




               Sessions Judge. For opening the accounts and withdrawing the
               amount, the present applicant received only commission.
               Except for this role, no other role is attributed to the present
               applicant;
               (7) So far as allegation against the present applicant is
               concerned in connection with the other accounts and that 17
               complaints are received on the NCCR Portal, however, it is
               always open for the prosecution to investigate the o1ence
               and, if any o1ence is registered, it will take its own course;


[7.0] Considering the decision rendered in case of Rameshbhai Batubhai
Dabhi vs. State of Gujarat reported in (1999) 3 GLR 1150, on the ground of
parity, the present application may be allowed.

[7.1] 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 t
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.
11214023252475 of 2025 registered with Kadodara GIDC Police Station,



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    R/CR.MA/14243/2026                                     ORDER DATED: 19/08/2026




Surat, on executing a personal bond of Rs.25,000/- (Rupees Twenty- ve
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 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), E-mail address and
            present address of his residence to the Investigating O$cer
            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 o1ence 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 inGuenced 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/14243/2026                                                ORDER DATED: 19/08/2026




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




                                                                  (HASMUKH D. SUTHAR,J)
 KUMAR ALOK

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ALOK KUMAR(HC01091), PRIVATE SECRETARY, at High Court of Gujarat on 19/08/2026 18:01:47




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