AMITKUMAR S/O. RAJKUMAR JITRAWALversusSTATE OF GUJARAT

   R/CR.MA/13523/2026                               ORDER DATED: 27/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                CHARGESHEET) NO. 13523 of 2026
==========================================================
                   AMITKUMAR S/O. RAJKUMAR JITRAWAL
                                 Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 27/07/2026
                                 ORDER


[1.0] RULE. Learned APP waives service of rule for the respondent-
State. Though duly served, none appears for respondent No.2.

[2.0] The present application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for
regular        bail     in     connection        with      FIR         being
C.R.No.11201015220004 of 2022 registered with CID Crime
Rajkot Zone Police Station, Rajkot City, for the offence under
Sections 406, 408, 409, 420 and 120B of the Indian Penal Code and
Section 66(D) of the IT Act.

[3.0] The learned advocate appearing on behalf of the applicant
submits that the applicant is innocent and has been falsely
implicated in the offence. No recovery or discovery is required to
be made. He, therefore, submits that, considering the nature of the
offence, the applicant may be enlarged on regular bail subject to
suitable conditions. To demonstrate his bona fides, the applicant
has filed an undertaking stating that he will deposit a sum of Rs.
10,00,000/- before the learned District and Sessions Court, Rajkot,
within a period of three months from the date of his actual release.


                                 Page 1 of 6
   R/CR.MA/13523/2026                              ORDER DATED: 27/07/2026




[4.0] Learned APP appearing on behalf of the respondent-State has
opposed the present application and requested to dismiss the
present application for regular bail on the ground that the
applicant is very much involved in the present offence and
considering the gravity of offence, no case is made out to entertain
present bail application. Therefore, present application does not
deserve consideration.

[5.0] While granting bail, the Court has to consider the involvement
of the accused in the alleged offence, the jurisdiction to grant bail
has to be exercised on the basis of the well settled principles
having regard to the facts and circumstances of each case and the
following    factors    are to   be   taken into   consideration       while
considering an application for bail: (i) the nature of accusation and
the severity of the punishment and the nature of the materials
relied upon by the prosecution; (ii) reasonable apprehension of
tampering with the witnesses and threat to the complainant or the
witnesses; (iii) reasonable possibility of securing the presence of
the accused at the time of trial or the likelihood of his abscondence;
(iv) character behaviour and standing of the accused and the
circumstances which are peculiar to the accused; (v) larger interest
of the public or the State and similar other considerations are
required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. Following
aspects have been considered:

      (1)     Investigation is over and charge-sheet is filed;
      (2)     Applicant is behind the bar since 30/01/2026;
      (3)     There is nothing to be recovered or discovered from the
      applicant;


                                 Page 2 of 6
   R/CR.MA/13523/2026                                    ORDER DATED: 27/07/2026




      (4)     The applicant has no past antecedent.
      (5)     The allegations against the present applicant are that
      he, in connivance with the other accused persons, entered
      into a criminal conspiracy to establish a fake online company
      under the name and style of "The Trade Lord". It is alleged
      that the informant and approximately 460 other investors
      were induced to invest their money on the false assurance of
      earning a daily return of 1% on their investment. The
      prosecution         further   alleges       that   a    total     sum        of
      Rs.1,01,51,981/- was collected from the investors. However,
      after the company went offline on 12.11.2020, neither the
      principal amount nor the promised returns were repaid,
      thereby dishonestly cheating the investors and committing
      criminal breach of trust.
      (6) Co-accused having similarly situated role are enlarged on
      regular bail and therefore, on the ground of parity also
      (Rameshbhai Batubhai Dhabi Vs. State of Gujarat
      reported in            2011 (3) GLR 1999), present application
      deserves          consideration.
      (7)     Obviously commencement and conclusion of trial will
      take its own time.
      (8)     To demonstrate his bona fides, the applicant has filed
      an undertaking stating that he will deposit a sum of
      Rs.10,00,000/- before the learned District and Sessions
      Court, Rajkot, within a period of three months from the
      date of his actual release.


[7.0] This Court has also taken into consideration the law laid down
by the Hon'ble Apex Court in the case of Sanjay Chandra vs.
Central Bureau of Investigation reported in [2012]1 SCC 40 as
well as in the case of Gudikanti Narasimhulu And Ors vs.



                                    Page 3 of 6
   R/CR.MA/13523/2026                                     ORDER DATED: 27/07/2026




Public Prosecutor, High Court of Andhra Pradesh reported in
(1978)1 SCC 240. Obviously, the conclusion of trial will take time
and keeping the accused behind the bars is nothing but amounts to
pre-trial conviction and therefore, considering the celebrated
principle of bail jurisprudence is that “bail is a rule and jail is
exception” as well as the concept of personal liberty guaranteed
under Article 21 of the Constitution of India, present application
deserves consideration.

[8.0] In the facts and circumstances of the case and considering the
nature of the allegations made against the applicant in the FIR,
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.   Hence,     the    present
application is allowed. The applicant is ordered to be released on
regular        bail     in     connection            with        FIR         being
C.R.No.11201015220004 of 2022 registered with CID Crime
Rajkot Zone Police Station, Rajkot City, on executing a
personal 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/she shall;

   (a)    not take undue advantage of liberty or misuse liberty;
   (b)    not act in a manner injurious to the interest of the
          prosecution & shall not obstruct or hamper the police
          investigation and shall not to play mischief with the
          evidence collected or yet to be collected by the police;
   (c)    surrender passport, if any, to the Trial Court within a
          week;
   (d)    not leave the State of Gujarat without prior permission of
          the Trial Court concerned;
   (e)    mark presence before the concerned Police Station once in


                                   Page 4 of 6
   R/CR.MA/13523/2026                                 ORDER DATED: 27/07/2026




          every month for a period of six months between 11.00 a.m.
          and 2.00 p.m.;
   (f)    furnish the Aadhaar card, email ID/present address of
          his residence to the Investigating Officer and also to the
          Court at the time of execution of the bond and shall not
          change the residence/contact number without prior
          permission of Trial Court;
   (g)    not to indulge in any illegal activity failing which learned
          trial Court shall issue warrant and cancel the bail of the
          applicant.
   (h)    The       applicant    shall      deposit     an     amount           of
          Rs.10,00,000/- in three equal installments before the
          Sessions Court, Rajkot, within a period of three
          months from the date of his actual release. It is
          clarified that, in the event of failure to comply with
          this condition, the bail granted by this Court shall
          stand         automatically      cancelled.     In      such          an
          eventuality, the learned Sessions Judge shall be at
          liberty to issue a warrant for the arrest of the
          applicant and take him into custody in accordance
          with law.

[9.0] 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
Judge concerned will be free to issue warrant or take appropriate
action in the matter.

[10.0] 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.


                                  Page 5 of 6
      R/CR.MA/13523/2026                                                         ORDER DATED: 27/07/2026




[11.0] At the trial, the trial Court shall not be influenced by the
observations of preliminary nature qua the evidence at this stage
made by this Court while enlarging the applicant on bail.

[12.0] Rule is made absolute to the aforesaid extent. Direct service
is permitted.



                                                                  (HASMUKH D. SUTHAR,J)
ILA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ILA PRAFULKUMAR PATEL(HC00194), Principal Pvt Secretary, at High Court of Gujarat on 27/07/2026 14:27:58




                                                    Page 6 of 6