High Court of Gujarat
HIREN @ CHOTI HARSUKHBHAI BHUVA(HIRENBHAI PATEL)versusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- NIKHIL S KARIEL
Holding
The Court held that the applicant is entitled to regular bail as the case is prima facie fit for the exercise of discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The applicant, Hiren Choti Harsukhbhai Bhuva, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after a charge‑sheet was filed for offences under Sections 317(2), 317(4) and 61(2) of the same Act. The FIR alleged that he acted as a mule account holder, receiving a commission of Rs.2,500 for depositing proceeds of a cyber‑crime. He had been in custody since 16‑12‑2025 and had no prior criminal record. The State opposed bail, citing the seriousness of the money‑laundering allegations, while the applicant argued that continued detention served no useful purpose. Relying on the Supreme Court’s decision in Sanjay Chandra v CBI, the Court held that the case was prima facie fit for bail and granted regular bail on a bond of Rs.25,000 with several conditions. The order directed his release subject to compliance with those conditions and clarified that the trial court should not be influenced by the preliminary observations made herein.
Issues considered
- Whether regular bail can be granted after the filing of a charge‑sheet for offences under Sections 317(2), 317(4) and 61(2) of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the applicant’s alleged role as a mule‑account holder and receipt of commission precludes the exercise of judicial discretion in favour of bail.
- Whether the applicant’s custody since 16‑December‑2025 and lack of antecedents justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 317(2), 317(4), 483, 61(2)
Subjects
- regular bail
- charge sheet
- money laundering
- mule account
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail jurisprudence
Judgment
R/CR.MA/7201/2026 ORDER DATED: 02/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 7201 of 2026
==========================================================
HIREN CHOTI HARSUKHBHAI BHUVA(HIRENBHAI PATEL)
Versus
STATE OF GUJARAT
==========================================================
Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 02/04/2026
ORAL ORDER
1. Heard learned advocate Ms.Kiran Udasi for learned
advocate Mr.M.S.Padaliya appearing on behalf of the
applicant and learned Additional Public Prosecutor
Mr.J.K.Shah 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. 11186007251335/2025 registered with Talala
Police Station, Gir-Somnath for the offence punishable under
Sections 317(2), 317(4), 61(2) of the BNS.
4. Learned advocate for the applicant would submit that
considering the role attributed to the applicant, and nature of
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the allegation levelled, the applicant may be enlarged on
regular bail. It is further submitted that since the charge-
sheet is filed no 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 as coming out from
the charge-sheet, 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 being that the accused had indulged in
laundering money which were proceeds of cyber crime
through the medium of mule accounts.
ii. The allegation against the present applicant being that
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R/CR.MA/7201/2026 ORDER DATED: 02/04/2026
he was the person to whom the mule account holder had
given the account wherein the proceeds of cyber offence
had been deposited and whereas, the applicant having
received an amount of Rs.2,500/- as commission.
iii. The mule account holder as well as the person who
introduced the present applicant to the mule account
holder, having been considered by this Court vide order
dated 13.03.2026 in Cr.M.A. No.5997/2026 and vide order
dated 11.03.2026 in Cr.M.A. No.5979/2026.
iv. The fact of the applicant being in custody since
16.12.2025 and the charge-sheet having been filed and the
applicant having no other antecedents.
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
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R/CR.MA/7201/2026 ORDER DATED: 02/04/2026
applicant on regular bail.
8. Hence, the present application is allowed. The applicant
is ordered to be released on bail in connection with F.I.R.
registered as C.R. No. 11186007251335/2025 registered with
Talala Police Station, Gir-Somnath, 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 month for a period of six months
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R/CR.MA/7201/2026 ORDER DATED: 02/04/2026
before the concerned police station.
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)
Bhoomi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 19:00:05
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