NIMESH ASHOK PADVEversusSTATE OF GUJARAT

     R/CR.MA/8178/2026                                 ORDER DATED: 28/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
                 CHARGESHEET) NO. 8178 of 2026
==========================================================
                           NIMESH ASHOK PADVE
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
       DESAI

                             Date : 28/04/2026

                              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 filed           this application        under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita,

2023 for enlarging the applicant on Regular Bail in


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connection with FIR being C.R. No. 11822024250018 of

2025 registered with Cyber Crime Police Station, Navsari

for the offence punishable under Sections 317(2), 317(4),

318(4), 319(2), 61(2) & 3(5) of Bhartiya Nyaya Sanhita,

2023 and under Sections 66(c) & 66(d) of I.T. 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 filed, further incarceration of

the applicant will not benefit the Investigation Officer 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.          Learned

advocate for the applicant has submitted that, the

applicant is ready and willing to deposit Rs.2,10,000/-

which has come into his account from other states,

without prejudice to his rights and contentions within

such time, as the court may deem fit.


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5.      As against the same, learned Additional Public

Prosecutor appearing for the respondent – State has

vehemently objected to the grant of regular bail. Learned

APP has submitted that looking to the nature of offence

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 permanent resident of Navsari,

     hence would be available at the time of trial;

     ii. The applicant has no criminal antecedents;

     iii. As per the prosecution case, the applicant had got

     his friends and relatives open new bank accounts,



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 R/CR.MA/8178/2026                    ORDER DATED: 28/04/2026




which were managed by him;

iv. Also, as per the prosecution case, co-accused Rahul

Nandu Kumavat had given his bank accounts to co-

accused Anand Rameshbhai Rudani and the applicant

and co-accused Anand Rameshbhai Rudani had passed

on all these bank accounts along with his own bank

accounts as well as witnesses’ bank accounts to Milan

Rameshbhai Satani for depositing the cyber fraud

amounts;

v. The amount of commission which the applicant had

received is not being revealed from the investigation;

vi. As per the case, total amount of Rs.2,10,000/- was

deposited in the applicant’s bank account with Bank of

Baroda from the States of Telangana, Karnataka and

Tamil Nadu, for which online complaints came to be

registered;

vii.        The co-accused Sumit Moradiya, has been

considered for regular bail by this court vide order

dated 20.04.2026 passed in Criminal Misc. Application

No. 8972 of 2026;

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     viii.       The investigation is over and charge-sheet has

     been filed;

     ix. The apprehension of learned APP, as           regards the

     applicant indulging in similar kind of offence, if

     granted bail, can be put to rest by imposing strict

     conditions.




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 fit case to exercise the

discretion and enlarge the applicant on regular bail.




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     R/CR.MA/8178/2026                            ORDER DATED: 28/04/2026




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

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

11822024250018 of 2025 registered with Cyber Crime

Police Station, Navsari 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 file an affidavit to that effect;

     [d] not leave the geographical limits of Navsari district

     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



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R/CR.MA/8178/2026                               ORDER DATED: 28/04/2026




bond together with documentary proof and shall not

change his residence without prior intimation to the

I.O. and the court;

[f] mark his presence before the concerned police

station every alternate day for a period of one month,

and thereafter on every Sunday till the completion of

trial;

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

for which, he shall file affidavits before the concerned

court and the police station;

[h]      also deposit amount of Rs.2,10,000/- with the

concerned trial court within a period of one month

from today and shall file an undertaking before the

concerned trial court       to that effect.        The trial court

shall     decide    as   regards         the   return/payment             of

Rs.2,10,000/- so deposited by the applicant to the

concerned person/s, at the time of completion of trial.

It is hereby clarified that, the said amount shall not be

returned to the applicant.




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      R/CR.MA/8178/2026                                                     ORDER DATED: 28/04/2026




10. 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 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

influenced by any observations of this Court which are of

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 28/04/2026 18:15:32
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