HIREN S/O. RAMBHAI UKABHAI VAJA (KOLI)versusSTATE OF GUJARAT

      R/CR.MA/8351/2026                          ORDER DATED: 20/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                  CHARGESHEET) NO. 8351 of 2026

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                 HIREN S/O. RAMBHAI UKABHAI VANZA (KOLI)
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR. TEJAS M. MEHTA(19123) for the Applicant(s) No. 1
MR.VISHAL J DAVE(6515) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 20/04/2026

                               ORAL ORDER

1.      Leave to amend is granted.



2.      Heard learned advocate Mr. V.J. Dave appearing on behalf of

the applicant and learned Additional Public Prosecutor Mr. Krutik

Parikh, appearing on behalf of the respondent-State.



3.      Rule. Learned APP waives service of rule on behalf of the

respondent-State.




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     R/CR.MA/8351/2026                         ORDER DATED: 20/04/2026




4.     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.

11203004250661 of 2025 registered with C Division Junagadh Police

Station, Junagadh, for the offence punishable under Sections 317(2),

317(4) and 3(5) of the BNS Act and Section 66(d) of the I.T. Act.




5.     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 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.




6. 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



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       R/CR.MA/8351/2026                         ORDER DATED: 20/04/2026




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.



7.       I have heard learned advocates appearing on behalf of the

respective parties and perused the papers. Following aspects are

considered:-

i.     Allegation being that the accused had committed the offence of

money laundering through the medium of mule accounts and

whereas, the amounts in question were the proceeds of cyber crime.

ii.    It would appear in this regard that the account did not belong

to the present applicant nor the applicant was the principal mover

of the original fraud.

iii.    Rather, it would appear that the present applicant had alleged

the role of being a mediator between the co-accused – Jay and the

account holder for a commission of Rs. 15,000/-, which amount

also does not appear to have been given to the applicant.

iv.    Beyond coordinating for given the bank account in question, it




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     R/CR.MA/8351/2026                            ORDER DATED: 20/04/2026




does not appear that the present applicant was involved in any later

transaction.

v.   Though, a substantial amount of more than Rs. 3,00,00,000/-

appears to have been deposited in account in question and around

50 complaints were registered in the national portal against the

account, yet, considering the limited role attributed to the present

applicant, and also considering the fact that the applicant is in

custody since 27.12.2025 and the charge-sheet having been laid,

this Court is inclined to consider this application.

       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.




8.     In the facts and circumstances of the case and considering the

nature of the allegations made against 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.




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      R/CR.MA/8351/2026                         ORDER DATED: 20/04/2026




9.      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. 11203004250661 of 2025 registered with C Division

Junagadh Police Station, Junagadh, 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] to mark his presence once a month for a period one year before

the concerned police station;




10.     The Authorities will release the applicant only if he is not



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       R/CR.MA/8351/2026                                                             ORDER DATED: 20/04/2026




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.



11.       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.



12.       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.



13.       The application is allowed in the aforesaid terms. Rule is

made absolute to the aforesaid extent. Direct service is permitted.




                                                                                        (NIKHIL S. KARIEL,J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 21/04/2026 10:51:48



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