LALJIBHAI SHAMJIBHAI DEGAMAversusSTATE OF GUJARAT

     R/CR.MA/7914/2026                                  ORDER DATED: 07/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 7914 of 2026

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                         LALJIBHAI SAHMJIBHAI DEGAMA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR N H PARMAR(11277) for the Applicant(s) No. 1
MR. MH SHEKHAWAT(7194) for the Applicant(s) No. 1
MR.JIRGA JHAVERI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                               Date : 07/04/2026

                                ORAL ORDER

1.     Heard learned advocate appearing on behalf of the

applicant         and     learned    Additional        Public     Prosecutor

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. 11189010250012 of

2025 registered with Cyber Crime Police Station, Morbi,


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for the offence punishable under Sections 111(2)(B),

316(5), 318(4), 61(2), 317(2) and 54 of the BNS.



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,

since the charge-sheet is filed, further incarceration of

the applicant will not benefit the Investigation Officer in

any manner. 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.          Learned

advocate upon instructions submits that the applicant will

remain within the State of Gujarat during the trial.



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

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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        applicant   is      a      permanent     resident           of

     District:Morbi, hence, would be available at the time of

     trial.



     ii. The       applicant   does        not    have    any       criminal

     antecedent.



     iii. The investigation is over and charge-sheet is filed.



     iv. As per the prosecution case, the applicant provided

     his bank account for depositing the Cyber fraud monies

     and he had received Rs.2,54,560/- in his said account

     out of which he had withdrawn Rs.2,50,000/- and had

     given the said amount to accused no.4-Gopal Upsariya,


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     for which, he had received commission of Rs.25,000/-.



     v. The apprehension of the learned APP about the

     applicant, after being granted bail, would indulge in

     such or similar offense, can be put to rest by imposing

     stringent conditions.



       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

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with FIR being C.R. No. 11189010250012 of 2025

registered with Cyber Crime Police Station, Morbi, on

executing a bail bond of Rs.25,000/- (Rupees Twenty Five

Thousand only) with one local 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, and if he does not possess a passport, he shall

  file an affidavit to that effect;

  [d] not leave the State of Gujarat without prior

  permission of the Sessions Court concerned;

  [e] furnish the present address of his residence to the

  I.O. and also to the Court at the time of execution of

  the bond along with documentary proof and shall not

  change his residence without prior intimation to the



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     I.O. and the court;

     [f] not to leave Morbi District till the trial is over;

     [g] mark presence on every Sunday before the

     concerned police station till the trial is over.

     [g] not indulge in similar kind of offence hereinafter,

     for which,          he shall file an affidavit      before the

     concerned court and the 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 Court concerned will be at liberty to take

appropriate action in accordance with law.



10. Bail bond to be executed before the competent 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 competent Court shall not



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be influenced by any observations of this Court which are

of preliminary nature, made at this stage only for the

purpose of enlarging the applicant on regular bail.



12. The application is allowed in the aforesaid terms.

Rule is made absolute to the aforesaid extent. Direct

service is permitted.




                                                             (UTKARSH THAKORBHAI DESAI, J)
ANKIT SHAH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT PRADIPKUMAR SHAH(HC01063), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/04/2026 18:24:18




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