YASIN @ MANIYO KARIMBHAI OFTHANI (AS PER CHARGE SHEET AND LD.TRIAL COURT RECORDS)versusSTATE OF GUJARAT

    R/CR.MA/17266/2026                               ORDER DATED: 27/07/2026




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 17266 of 2026
==========================================================
 YASIN @ MANIYO KARIMBHAI OFTHANI (AS PER CHARGE SHEET AND
                   LD.TRIAL COURT RECORDS)
                             Versus
                       STATE OF GUJARAT
==========================================================
Appearance:
MR NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 27/07/2026
                                 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.11193050250975 of 2025 registered with
Rajula Police Station, District Amreli for the offences punishable under
Sections 317(2), 317(4) and 54 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 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 has prayed for its dismissal. It is
submitted that the applicant is actively involved in the commission of the
alleged offence. During the course of investigation, it has been revealed


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    R/CR.MA/17266/2026                                ORDER DATED: 27/07/2026




that co-accused, Ronak Dineshbhai Baraiya, was maintaining two savings
bank accounts, one with Bank of Baroda and another with the State Bank of
India. As per the investigation, a total amount of Rs.11,70,000/- was
deposited in the Bank of Baroda account, in respect of which 4 complaints
were registered on NCCRP Portal. Further, an amount of Rs.6,00,000/- was
deposited in the SBI account, in respect of which 9 complaints were
registered on NCCRP Portal. Thus, total amount of Rs.17,70,000/- was
allegedly credited into the aforesaid two accounts through cyber fraud. It is
further submitted that the main accused Raju, who is absconding,
approached the present applicant and informed him that money relating to
online gaming was required to be transferred. Thereafter, co-accused
Yogesh contacted the present applicant and provided the aforesaid bank
account details to accused Raju. Pursuant thereto, accused Raju transferred
an amount of Rs.12,20,000/- into the said accounts. In consideration thereof,
the present applicant allegedly received a commission of Rs.14,000/- in cash,
and the defrauded amount was subsequently transferred through an
Angadia network. It is contended that, despite having knowledge that the
amount pertained to online gaming transactions and was to be withdrawn
and handed over in cash, the present applicant knowingly facilitated the
transactions and thereby abetted the main accused, Raju, in the commission
of the alleged offence. It is also submitted that, in connection with the said
transactions, a total of 13 complaints have been registered on the NCCRP
portal for cyber fraud. Therefore, considering the nature and gravity of the
allegations and the fact that the hard-earned money of innocent persons
has allegedly been siphoned off through fraudulent means, it is submitted
that the present application does not deserve to be considered for grant of
regular bail.

[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



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      R/CR.MA/17266/2026                                   ORDER DATED: 27/07/2026




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 is that the present applicant procured mule account
          from co-accused Shoaib, who procured it from co-accused Ronak and
          thereafter, the amount received in the said account was transferred
          to co-accused Yogesh, who is already considered by this Court and
          towards such facility, the present applicant received commission of
          Rs.14,000/-. Except this, no role is played by the present applicant
          and neither the applicant has received money from the investors nor
          has any direct nexus with the cyber fraud money and even
          otherwise, investigation is over and charge-sheet is filed;

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

(3)       Applicant is behind the bars since 26.03.2026;

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

(5)       Though the applicant is having 11 past antecedents, he is
          presumed to be innocent till proven guilty;



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      R/CR.MA/17266/2026                                  ORDER DATED: 27/07/2026




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

(7)          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 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.11193050250975 of 2025 registered with Rajula Police Station,
District Amreli 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


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    R/CR.MA/17266/2026                                                            ORDER DATED: 27/07/2026




                 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 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 Officer 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 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 27/07/2026 14:47:00

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