High Court of Gujarat
KULDEEP S/O. BALVANTSINH FATEHSINH CHAUHANversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the regular bail application, granting bail subject to bond and conditions.
Summary
The High Court of Gujarat considered an application for regular bail filed by Kuldeep under Section 483 of the Bhartiya Nyaya Sanhita after a chargesheet was filed for offences under Sections 316(5), 318(4), 336(3), 338, 340(2), 61(2) of the BNSS and Sections 66(c) and 66(d) of the Information Technology Act. The applicant had been in custody since 13 March 2026 and alleged that he played no vital role in the alleged offences. The State opposed bail, arguing the seriousness of the accusations and the applicant’s conduct. The complainant’s affidavit disclosed that the applicant had given him Rs 5 lakhs during the investigation, which the Court noted in assessing the applicant’s role. Without expressing an opinion on the merits, the Court held that bail could be granted, subject to a personal bond of Rs 10,000, a surety, and several conditions, and ordered his release.
Issues considered
- Whether regular bail can be granted to the accused after the filing of a chargesheet for the offences alleged under the BNSS and IT Act
- Whether the alleged receipt of Rs 5 lakhs by the complainant affects the discretion to grant bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023s. 316(5), s. 318(4), s. 336(3), s. 338, s. 340(2), s. 483, s. 61(2)
- Information Technology Acts. 66(c), s. 66(d)
Subjects
regular bailBhartiya Nyaya SanhitaInformation Technology Actcyber crimereceipt of moneybail conditionschargesheet
Judgment
R/CR.MA/10460/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 10460 of 2026
==========================================================
KULDEEP S/O. BALVANTSINH FATEHSINH CHAUHAN
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR.DARSHAN A. DAVE(7921) for the Applicant(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
MR KARAN Y. VYAS, ADVOCATE for
MR. D.S.GADHVI, ADVOCATE for the complainant
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 04/06/2026
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
respondent State.
2. The applicant, by way of this application filed under
Section 483 of the BNSS, seeks regular bail in
connection with the FIR being C.R. No.
11192065250007 of 2025 registered with Cyber
Police Station, Dist. Ahmedabad for the offences
punishable under Sections 316(5), 318(4), 336(3), 338,
340(2) and 61(2) of Bhartiya Nyaya Sanhita, 2023 and
Sections 66(c) and 66(d) of the Information and
Technology Act.
3. It is the submission of learned counsel for the applicant
that he is suffering confinement since 13.03.2026. He
further submitted that the applicant has not played any
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R/CR.MA/10460/2026 ORDER DATED: 04/06/2026
vital role in the alleged offence. Hence, further detention
of the applicant is unwarranted.
4. Learned APP has opposed the bail application
contending that, considering the conduct of the
applicant and nature of accusation, the discretion may
not be exercised in favour of the applicant.
5. Having heard the learned counsel for the respective
parties and upon perusal of the material placed on
record, it appears that the complainant, in his affidavit,
has conceded that during the course of investigation he
had received Rs.5,00,000/- (Rupees Five Lakhs Only)
from the applicant herein. Under such circumstances,
having regard to the role attributed to the present
applicant and evidence in support of charge, without
commenting on merits of the matter, I deemed it fit to
release the applicant on bail. Hence, present application
is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being C.R. No.
11192065250007 of 2025 registered with Cyber
Police Station, Dist. Ahmedabad on executing a
personal bond of Rs.10,000/- (Rupees Ten thousands
only), with one surety of the like amount to the
satisfaction of the learned Trial Court and subject to the
conditions that he shall:
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R/CR.MA/10460/2026 ORDER DATED: 04/06/2026
No. Conditions
(a) not take undue advantage of liberty or misuse
liberty;
(b) not act in a manner injuries to the interest of
the prosecution;
(c) surrender passport, if any, to the lower court
within a week;
(d) not leave India without prior permission of the
Sessions Judge concerned;
(e) furnish latest address of residence to the
Investigating Officer and also to the Court at the
time of execution of the bond and shall not
change the residence without prior permission
of the trial Court;
7. The authorities shall release the applicant if he is not
required in connection with the any other offence. If
breach of any above condition is committed, the Sessions
Judge concerned shall take appropriate action or issue
warrant against the applicant. The bail bond to be
executed before the learned trial Court having jurisdiction
to try the case. It will be open for the sessions judge
concerned to delete, modify and/or relax any of the above
conditions, in accordance with law. Nothing stated
hereinabove, shall tantamount to the expression of any
opinion on the merits of this case. Rule is made absolute
to the aforesaid extent. Direct service permitted.
(ILESH J. VORA,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 04/06/2026 11:15:40
Page 3 of 3
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