High Court of Gujarat
SUMIT ANAND S/O RAMLALA RAMNUGRAH JHAversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that, on a prima facie basis and given the applicant’s limited involvement, it was appropriate to exercise discretion and grant regular bail.
Summary
The High Court of Gujarat considered an application for regular bail filed by Sumit Anand under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR alleging cyber‑fraud and money‑laundering offences under the Bhartiya Nyay Sanhita, 2023 and the Information Technology Act, 2000. The applicant’s alleged role was limited to introducing an account holder to another accused who used the account for depositing proceeds of crime, with no further participation. The State opposed bail, citing the seriousness of the offences. The Court, referring to the Supreme Court’s decision in Sanjay Chandra v. CBI, held that the limited role and lack of antecedent justified the exercise of discretion to grant bail. Consequently, the Court ordered the applicant’s release on regular bail upon execution of a bond and compliance with several conditions.
Issues considered
- Whether regular bail can be granted before the filing of a charge‑sheet in a cyber‑fraud and money‑laundering case.
- Whether the applicant’s limited role warrants the exercise of judicial discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the precedent set in Sanjay Chandra v. CBI is applicable to the present facts.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bhartiya Nyay Sanhita — s. 317(2), 317(4), 318(4), 319(2), 54, 61(2)
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- regular bail
- pre‑charge‑sheet bail
- cyber fraud
- money laundering
- IT Act
- Bhartiya Nyay Sanhita
- judicial discretion
- precedent
Judgment
R/CR.MA/417/2026 ORDER DATED: 09/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 417 of 2026
==========================================================
SUMIT ANAND S/O RAMLAL RAMNUGRAH JHA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR BS KHATANA(3671) for the Applicant(s) No. 1
MR VIRAJ B KHATANA(10416) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 09/01/2026
ORAL ORDER
1. Heard learned advocate Mr.Viraj Khatana appearing on behalf of the
applicant and learned Additional Public Prosecutor Mr.Trupesh Kathiriya
appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the
respondent-State.
3. The applicant has filed this application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the applicant on
Regular Bail in connection with FIR being C.R. No.11192015251570 of
2025 registered with Changodar Police Station, Ahmedabad Rural for the
offence punishable under Sections 317(2), 317(4), 318(4), 319(2), 61(2) and
54 of the Bhartiya Nyay Sanhita, 2023 and Sections 66© and 66(D) of
I.T.Act, 2000.
4. Learned advocate for the applicant would submit that considering the
role attributed to the applicant, and nature of the allegation levelled, the
applicant may be enlarged on regular bail. It is further submitted that no
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R/CR.MA/417/2026 ORDER DATED: 09/01/2026
useful purpose would be served by keeping the applicant in jail for indefinite
period. It is further contended that the applicant is ready and willing to
abide by all the conditions that may be imposed by this Court if released on
bail.
5. As against the same, learned Additional Public Prosecutor appearing
for the respondent – State has vehemently objected to the grant of regular
bail. Learned APP has submitted that looking to the nature of offence and
the role attributed to the present applicant, this Court may not exercise the
discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective
parties and perused the papers. Following aspects are considered:
(i) the allegation in the FIR being that the account of one of the
accused had been used for laundering proceeds of the crime
and whereas it would appear that the role attributed to the
present applicant being very limited;
(ii) the role attributed being of introducing accused no.1, who was
account holder, to accused no.3 who had used the account for
depositing the money which was proceeds of the crime;
(iii) beyond the introduction part, it does not appear that the
applicant had any further role to play in offence in question;
(iv) the fact of the applicant working as Executive in the company
since last four years without antecedent;
(v) considering the above, though the present appears to be a case
of Cyber fraud, yet this Court is inclined to consider this
application having regard to the limited role attributed to the
present applicant.
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R/CR.MA/417/2026 ORDER DATED: 09/01/2026
This Court has taken into consideration the law laid down by the
Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of
Investigation reported in [2012] 1 SCC 40.
7. In the facts and circumstances of the case and considering the nature
of the allegations made against the applicant in the First Information
Report, 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.
8. Hence, the present application is allowed. The applicant is ordered to
be released on bail in connection with FIR being C.R. No.11192015251570
of 2025 registered with Changodar Police Station, Ahmedabad Rural, on
executing a 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;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
[e] furnish the present address of residence to the I.O. and also to
the Court at the time of execution of the bond and shall not
change the residence without prior intimation to the I.O.;
[f] mark presence once a week till the charge-sheet is filed and
thereafter once a month for a period of six months before the
concerned police station.
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R/CR.MA/417/2026 ORDER DATED: 09/01/2026
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 Court concerned will be
free to 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 stage of trial, the trial court shall not be influenced by any
observations of this Court which are of preliminary nature made at this
stage, only for the purpose of considering the application of the applicant
for being released on regular bail.
12. The application is allowed in the aforesaid terms. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(NIKHIL S. KARIEL,J)
MISHRA AMIT V.
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT VISHNUPRASAD MISHRA(HC00187), Principal Pvt. Secretary, at High Court of Gujarat on 12/01/2026 15:52:49
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