High Court of Gujarat
NILKANT JAGESHWAR KASARUJI GAZBHIYEversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HASMUKH D SUTHAR
Holding
The court held that, on the facts, the applicant is entitled to regular bail and the bail application is allowed.
Summary
The applicant, Nilkant Jageshwar Kasaruji Gazbhiye, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita after a charge‑sheet was filed for alleged cyber‑fraud offences under several sections of the Bhartiya Nyay Sanhita and Section 66 of the Information Technology Act. The prosecution alleged that the applicant transferred funds to recharge 430 SIM cards purchased by his sister, who was linked to a Chinese gang, but there was no other incriminating evidence against him and he had no prior record. The court examined bail principles, considering the nature of the accusation, risk of witness tampering, likelihood of absconding, and the applicant's clean antecedent. Citing Supreme Court precedents (Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor), the court held that continued detention would amount to pre‑trial punishment. Consequently, the court granted regular bail with a personal bond and several conditions, directing the lower court to enforce them.
Issues considered
- Whether the applicant is entitled to regular bail under Section 483 BNSS after a charge‑sheet for cyber‑fraud offences.
- Whether the nature and severity of the alleged offences justify denial of bail.
- Whether the principles laid down in Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor apply to this case.
Legislation cited
Subjects
regular bailcyber fraudcharge-sheetpre‑trial detentionBharatiya Nagarik Suraksha SanhitaInformation Technology Actbail jurisprudencepersonal libertyArticle 21
Judgment
R/CR.MA/16145/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 16145 of 2026
==========================================================
NILKANT JAGESHWAR KASARUJI GAZBHIYE
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR. MIHIR B. SUKHADWALA(18273) for the Applicant(s) No. 1
MS RIYAH Z SINDHI(12457) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/07/2026
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.11210062250091 of 2025 registered with Cyber Crime
Police Station, Surat City for the offences under Sections
318(4), 336(2), 338, 336(3), 340(2), 61(2), 3(5) of the Bhartiya
Nyay Sanhita and Section 66 of the Information Technology
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. 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
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R/CR.MA/16145/2026 ORDER DATED: 16/07/2026
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.
[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) There is nothing to be recovered or discovered from
the applicant;
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R/CR.MA/16145/2026 ORDER DATED: 16/07/2026
(3) Applicant is behind the bar since 04/01/2026;
(4) The applicant has no past antecedent;
(5) The allegations against the present applicant are
that her sister was connected with one Chinese Gang and
she was engaged in investment of money at Kambodiya
and, after returning to India, she has contacted many
citizens through telephone and social media account and
with a view to commit the offence of cyber fraud 430 sim-
cards were purchased. The allegation against the
applicant is that for recharge of these sim-cards, on
16.10.2024 Rs.80,000/- and on 19.10.2024, Rs.92,000/-
were transferred from the account of the present
applicant. Except this, there is no allegation against the
applicant and he has facilitated the commission of the
offence. Sister of the applicant, who has played a greater
role is already considered and granted bail by this Court.
(6) Obviously commencement and conclusion of trial will
take its own time;
(7) The prosecution has failed to show any circumstances
to continue incarceration of 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
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R/CR.MA/16145/2026 ORDER DATED: 16/07/2026
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.11210062250091 of 2025 registered with Cyber
Crime Police Station, Surat 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/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
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R/CR.MA/16145/2026 ORDER DATED: 16/07/2026
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 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)
R.S. MALEK
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2026 14:46:39
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