ABHAY DHIRUBHAI PARSANIYAversusSTATE OF GUJARAT

      R/CR.MA/16150/2026                                    ORDER DATED: 16/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 16150 of 2026

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                           ABHAY DHIRUBHAI PARSANIYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                   Date : 16/07/2026

                                       ORDER
1)       RULE. Learned APP waives service of rule for the
respondent-State.


2)       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.11203024250934 of 2025 registered with B Division City
Police Station, Junagadh for the offences under Sections 317(2)
and 317(4) of the Bharatiya Nyaya Sanhita and Section 66(D)
of the Information Technology Act.


3)       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. Investigation is over and charge-
sheet has been filed. 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/16150/2026                                          ORDER DATED: 16/07/2026




4)      Learned APP appearing on behalf of the respondent-State
has opposed the present application and requested to dismiss
the present application for regular bail on the ground that the
applicant is involved in the present offence and played an
active role. The applicant is having past antecedents and after
registering the offence he has been enlarged on bail in the said
offence. There is every possibility that, if the applicant is
released on bail, he will indulge in similar offences and try to
tamper with the evidence. Therefore, present application does
not deserve consideration.


5) 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.




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     R/CR.MA/16150/2026                         ORDER DATED: 16/07/2026




6)      I have heard the learned advocates appearing on behalf
of the respective parties and perused the investigation papers.
The allegation against the applicant is that the amount of Rs.9
Lacs of cyber fraud came to be deposited by the co-accused,
Bhargav and Kalyangiri in his account and he has returned the
same to the co-accused and he has received Rs.19,000/- as
commission. Except this, there is no other allegation against
the applicant. So far past antecedents are concerned, they are
not similar in nature. Co-accused of the applicant are released
on bail by this Court. Further, following aspects have been
considered:
        (1) Investigation is over and charge-sheet is filed;
        (2) Applicant is behind the bars since 14.12.2025;
        (3) There is nothing to be recovered or discovered from
        the applicant;
        (4) The applicant is having past antecedents however the
        accused is governed by presumption of innocence unless
        and until proved guilty;
        (5) Obviously commencement and conclusion of trial will
        take some time.


7)      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


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      R/CR.MA/16150/2026                             ORDER DATED: 16/07/2026




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)       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.11203024250934 of 2025 registered with B
Division City Police Station, Junagadh, 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 every month for a period of six months between 11.00
         a.m. and 2.00 p.m.;


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      R/CR.MA/16150/2026                                                              ORDER DATED: 16/07/2026




(f)       furnish the 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;
(g)       not to indulge in any illegal activity failing which learned
          trial Court shall issue warrant and cancel the bail of the
          applicant.


9)        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)       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)       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)       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 14:54:05




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