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High Court of Gujarat

HIREN @ CHOTI HARSUKHBHAI BHUVA(HIRENBHAI PATEL)versusSTATE OF GUJARAT

Decided
Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

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

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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      R/CR.MA/7201/2026                                ORDER DATED: 02/04/2026




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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