DHARAMRAJ S/O PRABHUNATH PASWANversusSTATE OF GUJARAT

   R/CR.MA/14832/2026                               ORDER DATED: 02/07/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
   R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
               CHARGESHEET) NO. 14832 of 2026
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            DHARAMRAJ S/O PRABHUNATH PASWAN
                             Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR HIMANSHU PATEL, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 02/07/2026
                                ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[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.11210062260028 of 2026 registered
with Cyber Crime Police Station, Surat City for the offences punishable
under Sections 319(2), 318(4), 336(2), 338, 336(3), 340(2), 61(2) and 54 of
the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and 66(d) of the
Information Technology Act, 2008.

[3.0] Learned advocate appearing on behalf of the applicant submits that
the applicant is innocent and has been falsely implicated in the offence.
Investigation is over and charge-sheet has been filed. The applicant is
arrested on 15.04.2026. Nothing is required to be recovered or
discovered from the applicant. There are no past antecedents. The
allegation against the present applicant is that she has along with co-
accused Sonalben and Sanjaybhai who happens to be husband and wife
sent 14 people to abroad, Vietnam and Malaysia and in this regard,



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offence has been committed. The specific role against the present
applicant is that in the account of present applicant, Rs.75,000/- towards
commission has been received however, said two co-accused Sonalben
and Sanjaybhai are already released on bail. The prosecution is going to
examine 38 witnesses. The commencement of trial will take its own time.
Hence, on the ground of parity also, applicant may be enlarged on bail.
He therefore submits that, considering the nature of the offence, the
applicant may be enlarged on regular bail by imposing suitable
conditions.

[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 present applicant is
very much involved in the offence and merely filing of charge-sheet is
not a ground to grant bail to the applicant. Further, the applicant has
received Rs.10,000/- towards commission to facilitate co-accused
Mujahid in committing the cyber crime. Considering the aforesaid fact, if
the applicant is released on bail, possibility cannot be ruled out that the
applicant will flee from justice. 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



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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 bars since 15.04.2026;
(3)      There is nothing to be recovered or discovered from the applicant;
(4)      Offence is triable by JMFC Court and none of the offence alleged
         is punishable with life sentence or death penalty;
(5)      The allegation against the applicant is that he facilitated the co-
         accused Mujahid who procured the bank account of the present
         applicant for depositing the amount of cyber fraud for which the
         applicant received commission of Rs.10,000/- however, now the
         charge-sheet is filed;
(6)      Obviously commencement and conclusion of trial will take its own
         time.

[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. 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



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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.11210062260028 of 2026 registered with Cyber Crime Police
Station, Surat 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 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 her
         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


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           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) Not to contact or try to contact directly or indirectly the
           complainant/victim/witnesses connected with the offence.

[9.0] The authorities will release the applicant only if she 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.

[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.)
Ajay
 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 14:55:31




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