RAHULKUMAR RAJESHKUMAR AGRAWALversusSTATE OF GUJARAT

     R/CR.MA/6058/2026                                 ORDER DATED: 01/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 6058 of 2026

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                   RAHULKUMAR RAJESHKUMAR AGARWAL
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
MR. ROHAN N MAJMUDAR(14000) for the Applicant(s) No. 1
MR NIRAJ SHARMA, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                             Date : 01/04/2026

                              ORAL ORDER




1.     Heard learned advocate appearing on behalf of the

applicant         and    learned    Additional        Public     Prosecutor

appearing on behalf of the respondent-State.




2.     Rule. Learned APP waives service of rule on behalf

of the respondent-State.




3.     The applicant         has       led       this application        under


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     R/CR.MA/6058/2026                   ORDER DATED: 01/04/2026




Section 483 of the Bharatiya Nagarik Suraksha Sanhita,

2023 for enlarging the applicant on Regular Bail in

connection with FIR being C.R. No. 11201018250032 of

2025 registered with CID Cyber Crime Police Station,

Gandhinagar for the o1ence punishable under Sections

318(4), 317(2), 61(2), 336(2), 336(3), 338, 340(2) of BNS,

2023 and Section 66D of the IT Act.




4.     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,

since the charge-sheet is     led, further incarceration of

the applicant will not bene t the Investigation O1icer in

any manner. It is further submitted that, the applicant is

ready and willing to abide by all the conditions that may

be imposed by this Court, if released on bail.




5.     As against the same, learned Additional Public

Prosecutor appearing for the respondent – State has

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vehemently objected to the grant of regular bail. Learned

APP has submitted that looking to the nature of o1ence

and the role attributed to the present applicant as coming

out from the charge-sheet, this Court may not exercise

discretion in favour of the applicant and the application

may be dismissed.




6.     I have heard learned advocates appearing on behalf

of the respective parties and perused the papers.

Following aspects are considered:-

     i. The applicant is a resident of Dahod, hence would be

     available at the time of trial;

     ii. The applicant has one criminal antecedent which is

     registered at BruhnMumbai Cyber Police, North Zone.

     iii. Co-accused Kamlesh Ashokbhai Shen and Kishor

     Parmar have been enlarged on regular bail by this

     court vide orders dated 09.03.2026 and 25.03.2026

     passed in Criminal Misc. Application Nos. 1785 and

     6934 of 2026 respectively;




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     iv. The investigation is over and charge-sheet has been

      led;

     v. The applicant is not the bene ciary of the proceeds

     of crime;

7.     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

the applicant in the First Information Report, without

discussing the evidence in detail, prima facie, this Court

is of the opinion that, this is a           t case to exercise the

discretion and enlarge the applicant on regular bail.




9.     Hence, the applicant is ordered to be released on

bail in connection with F.I.R. registered as C.R. No.

11201018250032           of 2025 registered with CID Cyber



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Crime Police Station, Gandhinagar on executing a bail

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 his passport, if any, to the trial court

  within a week, and if he does not possess a passport,

  he shall le an a1idavit to that e1ect;

  [d] not leave the State of Gujarat without prior

  permission of the Trial Court concerned;

  [e] furnish the present address of his residence to the

  I.O. and to the Court at the time of execution of the

  bond together with documentary proof and shall not

  change his residence without prior intimation to the

  I.O. and the court;



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  [f] mark his presence once a week before the

  concerned police station for two years;

  [g] not indulge in similar kind of o1ence hereinafter,

  for which, he shall   le a1idavits before the concerned

  court and the police station;




10. The Authorities will release the applicant only if he

is not required in connection with any other o1ence for

the time being. If breach of any of the above conditions is

committed, the Sessions Court concerned will be at

liberty to take appropriate action in accordance with law.




11. Bail bond to be executed before the trial 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 competent court shall not be

inEuenced by any observations of this Court which are of



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        R/CR.MA/6058/2026                                                     ORDER DATED: 01/04/2026




 preliminary nature, made at this stage only for the

 purpose of enlarging the applicant on regular bail.                                                     The

 application is allowed in the aforesaid terms. Rule is

 made absolute to the aforesaid extent. Direct service is

 permitted.



                                                          (UTKARSH THAKORBHAI DESAI, J)
 DIVYA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/04/2026 18:12:35

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