SHUBHAM SINGLA S/O. RAKESH KUMARversusSTATE OF GUJARAT

    R/CR.MA/15158/2026                                    ORDER DATED: 07/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 15158 of 2026
==========================================================
             SHUBHAM SINGLA S/O. RAKESH KUMAR
                           Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
                      Date : 07/07/2026
                           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.11201018260020 of 2026 registered with CID Cyber
Crime Police Station, District Gandhinagar for the offences punishable under
Sections 318(4), 61(2), 336(2), 336(3), 337, 338, 127(2), 127(4), 308(6) and 308(7)
of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and sections 66(c) and
66(d) of the Information Technology Act.

[3.0]   Learned advocate appearing on behalf of the applicant submits that
applicant is innocent and has been falsely implicated in the offence and now
nothing is required to be recovered or discovered. 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 looking to the nature and gravity of the offence.

[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



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      R/CR.MA/15158/2026                                   ORDER DATED: 07/07/2026




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 role attributed to the present applicant is that applicant is having
          Fair Price Shop and having joint bank account with his mother which
          was used to transfer cyber fraud amount which was thereafter given to
          the co-accused Siddharth, who is on run and for said act, the applicant
          has received commission of Rs.2 lakh however, now substantial part of
          investigation is over;

(2)       Learned APP has opposed on the ground that applicant is involved in
          digital arrest case and though applicant was fully aware that his bank
          account is being used for transferring of cyber fraud amount, he has
          facilitated the co-accused Siddharth who is yet to be arrested however,
          perusing the record, it appears that there is no allegation except
          preparing mule / alleged account to transfer the cyber fraud amount;

(3)       None of the offence alleged is punishable with life sentence or death
          penalty and is triable by the Court of Magistrate;

(4)       Applicant is behind the bars since 17.03.2026;

(5)       There are three complaints registered on NCCR portal however, the


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      R/CR.MA/15158/2026                                      ORDER DATED: 07/07/2026




              same will take its own time;

(6)           There is nothing to be recovered or discovered from the applicant;

(7)           The applicant is not having any past antecedent;

(8)           Obviously commencement and conclusion of trial will take some time.

[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.11201018260020 of 2026
registered with CID Cyber Crime Police Station, District Gandhinagar on
executing a personal bond of Rs.25,000/- (Rupees Twenty-five Thousand only)
with ONE LOCAL 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;



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    R/CR.MA/15158/2026                                                           ORDER DATED: 07/07/2026




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

        (e)    mark presence EVERY FIFTEEN DAYS FOR A PERIOD OF THREE
               MONTHS before the concerned Police Station 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 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;

        (h)    not to indulge in any illegal activity or any similar type of offence
               failing which concerned Investigating Officer shall have liberty to
               file an application for cancellation of bail against the present
               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.)
Ajay
  Original copy of this order has been signed by the Hon'ble Judge.
  Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/07/2026 14:55:29




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