VIKASH PUKHRAJ BHARGAVversusSTATE OF GUJARAT

   R/CR.MA/15825/2026                            ORDER DATED: 10/07/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 15825 of 2026
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                   VIKASH PUKHRAJ BHARGAV
                              Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR SHRIRAM K BHARGAW(9436) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                          Date : 10/07/2026
                              ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-
State.

[2.0] The present successive 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.11191067260073 of
2026 registered with Cyber Crime Police Station, Ahmedabad City
for the offences punishable under Sections 75(2), 77, 78(2), 308(2),
318(4), 351(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for
short “BNS”) and sections 66-D and 67 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.


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      R/CR.MA/15825/2026                              ORDER DATED: 10/07/2026




[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 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 not named in the FIR. The allegation is that SIM
          card of the applicant came to be used by the co-accused
          namely Rajnish, who happens to be the cousin of the applicant
          and therefore, applicant is arraigned as an accused. It is alleged
          by the prosecution that accused persons hatching criminal
          conspiracy floated an advertisement on Instagram impostering



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      R/CR.MA/15825/2026                            ORDER DATED: 10/07/2026




          themselves as Astrologer to lure the people by claiming
          himself as Gurumata / Transgender and extorted Rs.1,43,951/-
          through gpay from the complainant and further the
          complainant was threatened on social media under the pretext
          of performing vidhi through whatsapp call and time & again the
          complainant was robbed. However, except providing his SIM
          card, no role is attributed to the present applicant and even no
          money trail is found in the account of the present applicant
          and applicant is arraigned on the basis of statement of co-
          accused Rajnish. Even otherwise, investigation is over and
          charge-sheet is filed;

(2)       None of the offence alleged is punishable with life sentence or
          death penalty;

(3)       Applicant is behind the bars since 21.05.2026;

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

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

(6)       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



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   R/CR.MA/15825/2026                               ORDER DATED: 10/07/2026




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.11191067260073 of 2026
registered with Cyber Crime Police Station, Ahmedabad City 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 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 Officer


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    R/CR.MA/15825/2026                                                           ORDER DATED: 10/07/2026




               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 10/07/2026 14:37:25




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