GHANSHYAMBHAI BHUPATBHAI BARAIYAversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- ILESH VORA
Holding
The Court allowed the application for regular bail, finding that the applicant’s circumstances warranted release pending trial.
Summary
The applicant, Ghanshyambhai Bhupatbhai Baraiya, was detained on 2 May 2026 in connection with an FIR registered at the Cyber Crime Police Station, Ahmedabad, alleging offences under Sections 319(2), 61(2)(a) and 54 of the B.N.S. and Sections 66(d) and 43(b) of the Information Technology Act. He claimed he had no vital role in the alleged scam, had no prior criminal record, and was willing to deposit Rs.3 lakhs before the trial court. The State opposed bail, arguing the nature of the accusation and the applicant's conduct warranted continued custody. The High Court, after considering the material, noted that the mastermind was still at large, the investigation was nearly complete, and the applicant’s willingness to furnish the security justified release. Consequently, the Court granted regular bail on a personal bond of Rs.10,000 with one surety of equal amount, subject to several conditions including deposit of Rs.3 lakhs within seven days.
Issues considered
- Whether regular bail can be granted before the filing of a chargesheet under Section 483 of the B.N.S. in a cyber‑crime case involving Sections 66(d) and 43(b) of the IT Act.
- Whether the applicant’s alleged role, lack of antecedents, and willingness to deposit security justify the exercise of judicial discretion in favour of bail.
Legislation cited
- Information Technology Acts. 43(b), s. 66(d)
Subjects
Judgment
R/CR.MA/12234/2026 ORDER DATED: 04/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - BEFORE
CHARGESHEET) NO. 12234 of 2026
==========================================================
GHANSHYAMBHAI BHUPATBHAI BARAIYA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR GAURANG K CHAUHAN(9858) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================
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. 11191067260021 of 2026
registered with Cyber Crime Police Station,
Ahmedabad City, Dist. Ahmedabad City, for the
offences punishable under Sections 319(2), 61(2)(a) and
54 of B.N.S. and Sections 66(d) and 43(b) of Information
Technology Act.
3. It is the submission of learned counsel for the
applicant that he is suffering confinement since
02.05.2026. He further submitted that the applicant has
not alleged to have played any vital role in the alleged
offence. Hence, further detention of the applicant is
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R/CR.MA/12234/2026 ORDER DATED: 04/06/2026
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 applicant herein has received Rs.3
lakhs. The mastermind of the entire scam is still on run.
So far as applicant is concerned, the investigation is
almost over. Learned advocate for the applicant, upon
instructions, states that without prejudice to the rights
and contentions of the applicant, the applicant is ready
and willing to deposit Rs.3 lakhs before the trial Court. In
such circumstances, when the applicant is not having any
past antecedents and his further custody is not necessary,
present application deserves consideration. Therefore, I
am inclined to release the applicant on bail. The
application is allowed.
6. Hence, the applicant is ordered to be released on
regular bail in connection with the FIR being C.R. No.
11191067260021 of 2026 registered with Cyber
Crime Police Station, Ahmedabad City, Dist.
Ahmedabad City, on executing a personal bond of
Rs.10,000/- (Rupees Ten thousands only), with one surety
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R/CR.MA/12234/2026 ORDER DATED: 04/06/2026
of the like amount to the satisfaction of the learned Trial
Court and subject to the conditions that he shall:
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;
(f) Before the trial Court, the applicant
shall deposit an amount of Rs.3 lakhs
within a period of seven days from his
release and also file an undertaking to
said effect.
7. It is clarified that in the event of depositing the
amount of Rs.3 lakhs before the trial Court, the trial Court
shall deposit the same with any nationalized bank initially
for a period of 1 year and shall renew the same from time
to time till final disposal of the case.
8. The authorities shall release the applicant if he is not
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R/CR.MA/12234/2026 ORDER DATED: 04/06/2026
required in connection with 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)
TAUSIF SAIYED
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 04/06/2026 12:11:59
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