ASHISH DIPAKBHAI GOHELversusSTATE OF GUJARAT

    R/CR.MA/16793/2026                                  ORDER DATED: 17/08/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
            AFTER CHARGESHEET) NO. 16793 of 2026
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                    ASHISH DIPAKBHAI GOHEL
                               Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR DHRUV TOLIYA(9249) 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 : 17/08/2026
                                   ORDER

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

[2.0]   The present application is 7led under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection
with FIR being C.R. No.11210062260016 of 2026 registered with Cyber Crime
Police Station, Surat City for the o@ences punishable under Sections 318(4),
336(2), 336(3), 338, 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
(for short “BNS”) and section 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 o@ence and now
nothing is required to be recovered or discovered. He therefore submits that,
considering the nature of the o@ence, 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 o@ence.

[5.0]   While granting bail, the Court has to consider the involvement of the



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      R/CR.MA/16793/2026                                   ORDER DATED: 17/08/2026




accused in the alleged o@ence, 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 allegation against the applicant is that he is having account with
          Prime Cooperative Bank and in the said account he received Rs.2.10
          lakh and further it is alleged that the said amount was transferred to
          another account and at the instance of co-accused, who are yet to be
          arrested namely Keyur Patel and Ashish Patel, present applicant
          opened the bank account which came to be used for depositing cyber
          fraud amount for which the applicant was getting monthly commission
          of Rs.5000/- and except facilitating, no overt act is attributed to the
          present applicant and even otherwise, investigation is over and charge-
          sheet is 7led;

(2)       None of the o@ence alleged is punishable with life sentence or death
          penalty and is triable by the Court of Magistrate;

(3)       This Court is cautious of the fact that the applicant is having 11
          complaints on NCCR portal however, same will take its own course;
(4)       Applicant is behind the bars since 08.08.2026;
(5)       There is nothing to be recovered or discovered from the applicant;



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      R/CR.MA/16793/2026                                     ORDER DATED: 17/08/2026




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

(7)           Obviously commencement and conclusion of trial will take some time;

(8)           Co-accused similarly situated are enlarged on regular bail and
              therefore, on the ground of parity also (Rameshbhai Batubhai Dhabi
              Vs. State of Gujarat reported in 2011 (3) GLR 1999), present
              application deserves consideration.

[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 7t 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.11210062260016 of 2026
registered with Cyber Crime Police Station, Surat City on executing a
personal bond of Rs.25,000/- (Rupees Twenty-7ve 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;


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     R/CR.MA/16793/2026                                                           ORDER DATED: 17/08/2026




        (c)      surrender passport, if any, to the Trial Court within a week;

        (d)     not leave the territory of 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 copy of Aadhaar card, email ID/contact number /
                permanent and present address of his residence to the
                Investigating OMcer and also to the Court at the time of execution
                of the bond and shall not change the residence and contact
                number/SIM card 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 o@ence 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 inNuenced 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 17/08/2026 17:14:22




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